THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO. 1 2 OF 2009 JUDGMENT : (Per the Hon’ble Smt. Justice T. Meena Kumari) Aggrieved by the order, dated 07-1-2009 made in WP.No.69 of 2009 by a learned single Judge of this Court, the writ petitioner filed this appeal. 2. The appellant assailed the Notification No.J/3841/2008, dated 18-12-2008 of the second respondent as illegal, arbitrary and violation of the principles of natural justice and against the guidelines framed in GO.Ms.No.35 dated 17-9-2007 and sought to set aside the same and consequently sought to direct the respondents not to create or establish the second shop at Jhansi Lingapur village of Ramayampet Revenue Mandal in Medak district. 3. The appellant was given authorization to run the fair price shop at Jhansi Lingapur village by the second and third respondent from the date of authorization. The appellant was allotted 509 white cards, 56 AAY cards, 3 AP cards and 14 Pink cards, total 582 cards to distribute the essential commodities in the village as per the entitlement of the card. The Government of Andhra Pradesh issued GO.Ms.No. 35, dated 17-9-2007 for rationalization of fair price shops in the State due to increase IRIS based ration cards and also issued guidelines with regard to the rural areas, urban areas and corporations. 4. As per GO.Ms.No.35, dated 17-9-2007, the fair price shop should have atleast minimum of 400 BPL cards and 50 APL cards. In case there are more number of cards in excess the minimum number of cards i.e., 400 BPL and 50 APL in the village, there can be two fair price shops “provided that the total number of BPL cards in the village is not less than 600. Whereas in the village of the appellant, white cards are 435, as such, there shall not be two shops in his village as per the above G.O. Without giving any notice or without conducting any inquiry with the appellant and without following the guidelines framed in the aforesaid G.O., the third respondent issued the impugned notification calling for the applications from the candidates for establishment of second shop by 30-12-2008 and fixed the date of interview as on 12-1-2008 at 11:00 a.m. at the office of second respondent. 5. The learned counsel for the appellant submitted that the learned single Judge failed to see that the notification dated 18-12-2008 issued by the second respondent for establishment of second shop at Jhansi Lingapoor village is by bifurcating his shop which is against clause 6 (v) of G.O.Ms.No.35, dated 17-9-2007 wherein one fair price shop must have minimum of 400 BPL/white cards and 50APL cards in a village and that there cannot be two fair price shops, provided the total number of BPL cards in that village is not less than 600 and the number of BPL and APL cards should be attached to the two fair price shop equally and the notification issued by the second respondent dated 18-12-2008 for establishment of second shop is erroneous and cannot be permitted. Pursuant to the impugned proceedings for establishment of second shop at Jhansi Lingapur village by bifurcating one shop into two without any notice to the appellant is against the guidelines of the said G.O. Further the bifurcation of the appellant’s shop by taking away cards from him through Lr.No.J/3841/2008, dated 18-12-2008 is against the guidelines framed in G.O.Ms.No.35, dated 17-9-2007. 5. Per contra, the learned Govt. Pleader submitted that the appellant has questioned the impugned notification but not the bifurcation of Jhansi Lingapur village fair price shop. 6. Heard the learned counsel for the appellant as well as the learned Govt.Pleader for the respondents. 7. After hearing the learned counsel for the appellant as well as the learned Govt.Pleader for the respondents, we are not inclined to interfere with the order passed by the learned single Judge. But however, liberty is granted to the appellant to avail the remedies as are available to him in law, within a period of four weeks from the date of receipt of a copy of the order, if he is aggrieved by the bifurcation of fair shop at Jhansi Lingapur pursuant to the Proceedings dated 18-12-2008 vide Lr.No.J/3841/2008 and till such time, statusquo obtaining as on today shall be maintained. 8. With the above observation, the writ appeal is disposed of at the stage of admission. No costs. _______________________ JUSTICE T.MEENA KUMARI. ___________________________ JUSTICE C.V. NAGARJUNA REDDY. 20-1-2009. I s L NB: Furnish CC in two days. B/o. IsL.