Consumer affairs, food & civil supplies - Bifurcation of fair shop in between two villages - Their lordships held that by itself would not offer justification for the respondents to bifurcate the petitioners fair price shop leaving it completely unviable. If the respondents feel that the essential commodities need to be distributed in the two Villages of Vaddepalli and Kondugaripalle, they can direct the petitioner to arrange such distribution in those Villages on particular days by paying transportation expenses to her.- Writ allowed - 2015 Telangana & A.P. msklawreports



Law :- Writ Proceedings
Sub :- bifurcation of her shop is that it is patently in contravention of
the norms contained in G.O.Ms.No.35, Consumer Affairs, Food &
Civil Supplies (CS-1) Department, dated 17.09.2007.
Summary :-
G.O.Ms.No.35, Consumer Affairs, Food &
Civil Supplies (CS-1) Department, dated 17.09.2007. The
petitioner relied upon Clause-6(v) of the said G.O., which reads
as under:
Rural areas: Each Gram Panchayat (v) should have
atleast one F.P. shop with a minimum of 400 BPL
cards and 50 APL cards. In case, there are more
number of cards in excess of the minimum number
of cards i.e., 400 BPL and 50 APL in a village there
can be two F.P. 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 Shops equally.
Held that :-
(a)     Rural areas: The number of the Iris based
ration cards to be attached to each fair price
shop is 400 to 450 BPL and 50 pink cards.

     No doubt, the respondents sought to justify bifurcation of
the petitioners fair price shop on the ground that the card
holders of Vaddepalli Village have to travel about 5 kms and
that of Kondugaripalle Village have to travel about 3 kms. In my
opinion, that by itself would not offer justification for the
respondents to bifurcate the petitioners fair price shop leaving
it completely unviable. If the respondents feel that the essential
commodities need to be distributed in the two Villages of
Vaddepalli and Kondugaripalle, they can direct the petitioner to
arrange such distribution in those Villages on particular days by
paying transportation expenses to her.

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