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.

Popular posts from this blog

Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

Or.39, rule 7 of C.P.C - Petition for preservation of properties belongs to the petitioner - as the Govt. is going to demolish the building in road widening scheme - Or.39, rule 1 made absolute against the petitioner infavour of the respondent - Trial court allowed the Petition wrongly - their lordships held that In a suit for injunction, though the question of possession as on the date of filing of the suit is most relevant, there may be other ancillary and incidental questions as to the conduct of the parties before the Court. The concept of possession in law should take in its spectrum all rights, liabilities, immunities and claims vis-`-vis the property which is said to be in possession. When the Court recorded a prima facie finding that Gayatri bai is in possession, she was also in law entitled to take advantage of that presumption. Unless the defendant properly pleads and proves at the earliest stage regarding any such movables or immovables attached to the immovable property, no defendant can be heard of saying that his belongings were lying in the disputed property. - 2015 A.P.(2001) MSKLAWREPORTS

Cancellation of Bail with out completing the investigation by police about threat on defacto complainant , is a premature one - - 2015 TELANGANA & AP.MSKLAWREPORTS