Judgment : The petitioner, the fair price shop dealer of Polikepadu village, Gopalpet Mandal, Mahaboobnagar District, assails the order dated 17.04.2008 passed by the Director of Civil Supplies, Andhra Pradesh, in the appeal filed by the petitioner against the proceedings dated 03.01.2008 of the Collector (Civil Supplies), Mahaboobnagar, directing creation of new fair price shops in Polikepadu village by splitting up his shop. The proceedings dated 03.01.2008 of the Collector (CS), Mahaboobnagar, are also subjected to challenge. 2. This Court, by order dated 29.05.2008, directed that any arrangements made shall be subject to further orders in this writ petition. 3. The complaint of the petitioner is that the proposal to create new shops by splitting up his existing shop is in violation of the norms prescribed in G.O.Ms.No.35, Consumer Affairs, Food and Civil Supplies (CS-I) Department, dated 17.09.2007. The impugned proceedings dated 03.01.2008 of the Collector (CS), Mahaboobnagar, reflect that the proposals of the Revenue Divisional Officer, Wanaparthy, for creation of new fair price shops were considered with reference to G.O.Ms.No.35 dated 17.09.2007 and on the basis of the norms stipulated in para 6 thereof, the opening of new fair price shops and allocation of cards thereto was undertaken. The statement appended to the said proceedings indicates that so far as Polikepadu village is concerned, the petitioner’s existing shop, having 1144 cards in all, was split up into four shops allotting 305, 318, 397 and 214 cards respectively to the newly created shops. It is pertinent to note that the distance of Amudala Kunta, a hamlet of the village from the existing shop was taken into account for the purpose of this division. As the proceedings dated 03.01.2008 stipulated that any person aggrieved thereby was entitled to file an appeal before the Director of Civil Supplies, Andhra Pradesh, the petitioner preferred an appeal. However, by order dated 17.04.2008, the appellate authority held that no reasons were made out for interfering with the proceedings of the Collector (CS), Mahaboobnagar. 4. G.O.Ms.No.35 dated 17.09.2007 stipulates the norms for rationalization of fair price shops. These norms were formulated keeping in view not only the interests of the card holders but also the necessity of making the running of fair price shops an economically viable operation for the dealers. Though the paramount consideration was the convenience of the card holders, the Government also kept in mind the economic viability aspect. These norms were formulated keeping in view not only the interests of the card holders but also the necessity of making the running of fair price shops an economically viable operation for the dealers. Though the paramount consideration was the convenience of the card holders, the Government also kept in mind the economic viability aspect. Insofar as rural areas are concerned, clause 5(a) of the said GO stipulates that the number of cards to be attached to each fair price shop should be 400 to 450 BPL cards and 50 Pink cards. Clause 6 (ii) states that opening of a fair price shop within one kilometer radius of the residence of the card holder shall be scrupulously followed. However, clause 6 (v) of the GO stipulates that each Gram Panchayat (village) should have at least one fair price shop with a minimum of 400 BPL cards and 50 APL cards. It however provides that in case there are more number of cards, in excess of the minimum number of cards above stipulated, there can be two fair price shops, provided the total number of BPL cards in that village is not less than 600 cards. 5. The anomaly in the norms aforestated is manifest. Though on the one hand, the Government stipulated that a fair price shop should be available within one kilometer from the residence of every card holder, it stipulated thereafter that there can be only two fair price shops in a gram panchayat or village, if more than 600 BPL cards were available in such village. There is no provision in the said GO which permits the creation of more than two fair price shops in a gram panchayat or village. The authority cannot therefore lose sight of this aspect and create more and more number of shops basing on the one kilometer norm completely ignoring the economic viability aspect. 6. In his appellate order dated 17.04.2008, the Director of Civil Supplies, Andhra Pradesh, referred to the judgment of this Court in WP.No.13564 of 2004, wherein it was observed that the order of bifurcation is an administrative order and when the same is found to be in accordance with guidelines and in the absence of any allegation of malafides or arbitrary exercise of power, the same does not warrant interference. The proposed creation of new shops in the present case by splitting up the petitioner’s existing shop, however, is clearly not in accordance with the guidelines stipulated in G.O.Ms.No.35 dated 17.09.2007. That being so, this Court is of the opinion that the proceedings dated 03.01.2008 insofar as it pertains to the Polikepadu village cannot be sustained owing to the challenge thereto by the petitioner. Though this Court directed that the arrangements, if any, made during the pendency of this case would be subject to further orders in the writ petition, the persons appointed to the newly created shops did not choose to come before this Court to espouse their own cause. In any event, in the light of the order passed by this Court making the said arrangements subject to further orders herein, such appointees cannot claim independent rights. Once the very creation of the shops to which they were appointed is found to be in violation of the prescribed norms in G.O.Ms.No.35 dated 17.09.2007, such appointees can have no indefeasible right to be continued. The writ petition is accordingly allowed setting aside the impugned proceedings dated 03.01.2008 of the Collector (CS), Mahaboobnagar, and the other order dated 17.04.2008 of the Director of Civil Supplies, Andhra Pradesh, insofar as they pertain to the splitting up of the petitioner’s fair price shop in Polikepadu village, Gopalpet Mandal, Mahaboobnagar District. In the circumstances, there shall be no order as to costs.