For the bifurcation of Fair Price shops, the 800-card threshold should be determined using the average of the last 12 months for migrated cards, and specific minimum allotment figures must be maintained to ensure the economic viability of the shops.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 3rd respondent in passing Endorsement/Proceedings vide Rc. No. 221/2024-S4 dated 19.11.2024 rejecting the requests of the petitioners to stop the bifurcation process of their Fair Shops bearing F.P Shop no. 038828, Sri haripuram, Malkapuram, Visakhapatnam, F.P Shop no. 0388384, Rama Nagar, Malkapuram Mandal, Viskhapatnam, F.P Shop no. 0388593, sramika Nagar, circle - III, Visakhapatnam and F.P Shop no. 0388504, Aganampudi, Circle- Ill, Visakhapatnam and is proposing to birfucation/rationalization of the petitioners fair price shop is illegal, arbitrary, unconstitutional and contrary to the Go. Ms. No. 10 dated 03.09.2024, besides being violative of petitioners rights guaranteed under Article 14 and 21 of the constitution of India and consequently set aside the same and pass such

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the proceedings/Endorsement issued by the 3RD respondent vide proceedings vide Rc. No. 221/2024- S4 dated 19.11.2024 rejecting the requests of the petitioners to stop the bifurcation process of their Fair Shops bearing F.P Shop no. 038828, Sri haripuram, Malkapuram, Visakhapatnam, F.P Shop no. 0388384, Rama Nagar, Malkapuram Mandal, Viskhapatnam, F.P Shop no. 0388593, sramika Nagar, circle - III, Visakhapatnam and F.P Shop no. 0388504, Aganampudi, Circle-Ill, Visakhapatnam and pass such

Counsel for the Petitioner(S):

1. CKR ASSOCIATES

Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES

ORDER

This writ petition is filed challenging the Endorsement/Proceedings vide Rc.No.221/2024-S4, dated 19.11.2024 of respondent no.3-The District Collector(CS), Visakhapatnam, rejecting the request made by the petitioners to stop bifurcation proceedings of their Fair Price Shops, being illegal, arbitrary, unconstitutional and contrary to G.O.Ms.No.10, dated 03.09.2024.

Heard Sri S.V.S.S.Siva Ram, learned counsel for the petitioners and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.

Both the learned counsel fairly conceded that the issue covered in this writ petition is squarely covered by the orders dated 06.01.2025 passed by a coordinate bench of this Court in Writ Petition No.27510 of 2024 and prayed to dispose of this writ petition also on the similar lines.

In view of the submission made by both the learned counsel, this writ petition is also disposed of in similar lines and for the reasons stated in Writ Petition No.27510 of 2024.

Since the objections were not duly answered or they are not meeting the objection raised by the dealers, to secure the uniformity in regularization of the fair price shops and their bifurcations in conformity with the G.O.s while achieving their objectives, for the reasons stated in the Writ Petition No.27510 of 2024, this writ petition is disposed of, setting aside the impugned endorsement/proceeding with the following directions:

a) Cards of the dead person(s):

i. The petitioner(s)/dealer(s) has/have to submit the explanation to the concerned authority with the details of the ration cards with the card number/name(s) of the cardholder etc. Then the authorities have to examine the same and delete the card from the shop of the dealer where the sole cardholder died and retain the card(s) where any of the family of the deceased cardholder is drawing the commodity.

b) Cards of the migrated person(s):

i. Since the most of the dealers raised the objections that the number of migration cards shall be excluded while deciding the figure 800 for the purpose of bifurcation of the shops, the DSO shall take the average figure of the number of c