Sri Pampana Chittiyya Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Sri Pampana Chittiyya Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Impugned bifurcation proceedings set aside insofar as the petitioners' fair price shop(s); dealers to submit representations within one month; authorities to examine and answer each objection (deletion of deceased sole cardholders' cards, 12-month average of cards availed for the 800-figure, minimum allotment figures of 450 rural / 550 urban / 650 corporation) and pass appropriate orders within two weeks thereafter; no costs.

Issue for consideration

Whether the action of the respondents, particularly the 4th respondent, in issuing notification vide Ref.A/573/2024, dated 03.01.2025 bifurcating the petitioners' fair price shops, being contrary to G.O.Ms.No.10 dated 03.09.2024, is illegal, arbitrary and violative of Articles 14, 19 and 21, warranting its setting aside in respect of the petitioners' fair price shops. +1 more

Court's answer

To secure uniformity in regularization and bifurcation of fair price shops in conformity with the G.O.s while achieving their objectives, the writ petition is disposed of by setting aside the proceedings impugned in the writ petition insofar as the shop(s) of the petitioner(s), with directions.

Ratio / Principle

The Court was satisfied that in most of the cases the objections raised by the dealers were not duly answered or did not meet the objections raised by the dealers.

Key takeaways

Direction on cards of dead persons: the dealer shall submit an explanation with details of the ration cards (card number/name of cardholder etc.); the authorities shall examine the same and delete the card where the sole cardholder died and retain the card(s) where any member of the family of the deceased cardholder is drawing the commodity.ratio¶40
Direction on cards of migrated persons: since most dealers objected that migration cards be excluded while deciding the figure 800 for bifurcation, the DSO shall take the average figure of the number of cards availed during the last 12 months (September, 2023 to August, 2024) for the purpose of identifying the figure 800.ratio¶42

Detailed headnote1 paragraphs

Fair Price Shops – Bifurcation – Notification Ref.A/573/2024 dt. 03.01.2025 issued pursuant to G.O.Ms.No.10 (Consumer Affairs, Food & Civil Supplies (CS-I) Department) dt. 03.09.2024 challenged by dealers through writ petition under Article 226 as illegal, arbitrary and violative of Articles 14, 19 & 21 – Grievances: cards of deceased persons and migrated cardholders counted towards the figure 800; economic viability under G.O.Ms.No.35 not considered since APL cards no longer exist; objections not answered; minimum card strength per G.O.Ms.No.35 not adhered to – Court satisfied that in most cases objections were not duly answered – Writ petition disposed of by setting aside the impugned proceedings insofar as the petitioners' shop(s), with directions: (i) deletion of cards where the sole cardholder died after examination, retention where family members draw commodities; (ii) DSO to compute the average number of cards availed over 12 months (September, 2023 – August, 2024) for identifying the figure 800; (iii) minimum figures of 450 (rural), 550 (urban) and 650 (corporation area) for the existing shop on bifurcation, balancing interests without deviating from G.O.Ms.No.10; (iv) representations within one month, each objection to be answered and appropriate orders passed within two weeks thereafter – No order as to costs; pending miscellaneous applications closed.