The state authorities must strictly adhere to established government guidelines (G.O.Rt. No. 55) regarding the rationalisation and maximum number of ration cards allowed per fair price shop before proceeding with any bifurcation of existing shops.

ORDER

Heard Sri L.V.S. Nagaraju, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondents.

The petitioner approached the Court seeking prayer as under:

“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in taking steps for bifurcating the petitioner fair price shop situated at Pulgarcherla, Pulgarcherla Village, Weepanagandla Mandal, Wanaparthy District without any notice and contrary to the guidelines issued in G.O.Rt.No 55 Consumer Affairs, Food and Civil Supplies (CS-1-CCS) Department dated 12-05-2015 as illegal, arbitrary, and violative of article 14 and 21 of the Constitution of India consequently direct the respondents not to create any new fair price shop by bifurcating the petitioners existing shop without following the guidelines issued in G.O.Rt.No.55 Consumer Affairs, Food and Civil Supplies (CS-1-CCS) Department dated 12-05-2015 and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case…”

The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner is an authorized Fair Price Shop dealer of Pulgarcherla Village, Weepangandla Mandal, Wanaparthy District, holding Authorization No. C/125/2024 dated 13-02-2024, which is valid and subsisting, with renewal fees paid on 05.03.2026. The petitioner is presently running the Fair Price Shop attached with 679 ration cards and earning a meagre monthly commission of about Rs.9,000/-, which is the sole source of livelihood for the petitioner’s family. While so, the respondents are taking steps to create a new Fair Price Shop in the village by bifurcating the petitioner’s existing shop without issuing any notice and contrary to the guidelines issued in G.O.Rt. No.55, Consumer Affairs, Food and Civil Supplies Department, dated 12.05.2015. Though representations had been submitted by the petitioner, villagers, and local representatives requesting not to bifurcate the shop, the respondents are proceeding with the proposal. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition.

PERUSED THE RECORD:

A) The Clause No.3 of G.O.Rt. No.55, Consumer Affairs, Food and Civil Supplies Department, dated 12.05.2015 is extracted hereunder:

“3. Government, after considering all the above aspects at the State level, decided that the following number of cards can be attached to fair price shops in different areas.

a) In GHMC area - 1000 to 1200 cards

b) Other Corporations - 800 to 1000 cards

c) All Municipalities and Nagar Panchayats - 600 to 800 cards

d) Rural areas - upto 500 Cards”

DISCUSSION AND CONCLUSION:

Learned counsel appearing on behalf of the petitioner mainly puts forth the following submissions:

4.1 The respondents are taking steps to bifurcate the petitioner’s fair price shop situated at Pulgarcherla Village, Weepanagandla Mandal, Wanaparthy District, without issuing any notice to the petitioner.

4.2 The respondents are proceeding to initiate action for bifurcation of the petitioner’s existing shop without following the guidelines issued in G.O.Rt. No.55, Consumer Affairs, Food and Civil Supplies Department, dated 12.05.2015.

4.3 The respondents cannot proceed to create any new fair price shop by bifurcating the petitioner’s existing shop, contrary to Clause (3) of G.O.Rt. No.55, Consumer Affairs, Food and Civil Supplies Department, dated 12.05.2015.

Based on the aforesaid submissions, learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled to the relief as prayed for by the petitioner in the present writ petition.

The learned Assistant Government Pleader for Civil Supplies, appearing on behalf of the respondents, referring to Clause (3) of G.O.Rt. No