ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief/s: <..to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned proceedings of the 3rd respondent in Roc (C1) 895/2015 dated 05.03.2016 in bifurcating the petitioner Fair Price Shop of Gangavaram Village of Palamaner Mandal into two as illegal, improper, unjust, arbitrary, contrary to law and violative of Article 21 of the Constitution of India and further declare that the petitioner is entitled to continue as the Fair Price shop dealer of Gangavaram Village of Palamaner Mandal with the existing BPL Cards and pass such other order or orders …=

2. Heard both the learned counsel.

3. The case of the petitioner is that, she was appointed as a fair price shop dealer of shop No.2 of Gangavaram Village, Palamaner Mandal, Chittoor District in the year, 1993. Since then she has been distributing the essential commodities to the card holders without any complaint. As on the date of her appointment, 400 cards were allotted to the petitioner’s fair price shop. Thereafter some more new cards have been issued to the eligible persons by the authorities in the area of operation of the fair price shop and the same has been attached to the petitioner’s shop. The Civil Supplies Department has allotted 150 Quintals of Rice and 5 quintals of Sugar to the petitioner for distributing the same to the card holders. In the year, 2007 the Government issued G.O.Ms.No.35, Consumer Affairs Food & Civil Supplies (CS-1)

Department, dated 17.09.2007 for rationalization of existing fair price shop in the State by attaching the required number of cards to each fair price shop for the sake of convenience of the card holders in the locality keeping in view the economic viability of the fair price shop. Certain instructions were issued to be followed by the authorities restricting the number of ration cards attached to the fair price shop in respect of the Rural, Urban areas and Corporations. As per the said G.O., in Rural areas, the number of Iris based ration cards to be attached to each fair price shop is 400 to 450 BPL and 50 pink cards. Being aggrieved by the proceedings of the 3rd respondent dated 05.03.2016 in bifurcating the petitioner’s fair price shop into two (2) shops the present Writ Petition is filed.

4. The 5th respondent filed counter affidavit stating that the petitioner’s fair price shop is bifurcated as per the provisions of the G.O.Ms.No.35 dated 17.09.2007. In turn the Collector, Chittoor has issued proceedings dated 05.03.2016 in the entire Chittoor District and the petitioner’s fair price shop was also included in the above proceedings. As per the proceedings dated 05.03.2016 issued by the District Collector, on verification of the cards position of the existing fair price shops numbering 74 fair price shops in Chittoor district, the cards strengh is very high and difficulties are being faced in distribution of essential commodities to the card holders. Due to high number of cards there is more waiting period for distribution of Essential commodities to the cardholders. Further the cardholders have to travel long distance to get their Essential commodities which is against the Government Orders

in the Writ Affidavit are untenable.

5. No reply-affidavit is filed by the petitioner.

6. Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel and on a perusal of the material record, in the interests of justice, this Court felt it appropriate to dispose of the Writ Petition giving liberty to the petitioner to submit a comprehensive representation to the 3rd respondent-District Collector within a period of two (2) weeks from the date of receipt of a copy of this order. On submission of such representation, the 3rd respondent-District Collector is directed to consider the same as per law, as expeditiously as possib