HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.30123 OF 2011 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents in decreasing the transportation charges of eggs from Rs.0.75 paise to Rs.0.50 paise per egg as illegal, void, arbitrary and contrary to the proceedings dated 4.3.2010 of the 2nd respondent. 2. Heard. 3. It is stated in the affidavit filed in support of the petition that the petitioner is proprietary ship concern having engaged in the business of farming and trading in poultry; while so, the 2nd respondent issued notification which was published in news paper calling for tenders for supply of eggs to Anganwadi centers; that accordingly the petitioner submitted a tender application to the 2nd respondent and in the negotiations, it was agreed between the petitioner and the 2nd respondent that the petitioner shall supply and transport the eggs to the Anganwadi centers and the 2nd respondent shall pay at the cost @ Rs.0.75 paise per egg towards transportation to deliver at door steps of Anganwadi centers; that the 3rd respondent issued proceedings dated 4.3.2010 awarding contract to the petitioner to supply eggs at the rate as published by NECC in daily news paper as on date of supply and Rs.0.75 ps per egg towards transportation to deliver at door steps; that while things stood thus, the 2nd respondent has communicated proceedings dated 19.8.2010 stating that it was observed in the review meeting held on 27.7.2010 by the 1st respondent that the cost of the transportation of eggs are different in different districts and therefore, decided to fix at Rs.0.50 ps uniformly and the said rates would come into operation with effect from the month of August, 2010; that the petitioner submitted a letter dated 30.3.2011 to the 2nd respondent requesting to pay at the rate of Rs.0.75 ps per egg as agreed in the proceedings dated 4.3.2010, but there is no response so far and hence he filed the present writ petition. 4. The learned counsel for the petitioner contended that the 2nd respondent has communicated proceedings dated 19.8.2010 stating that it was observed in the review meeting held on 27.7.2010 by the 1st respondent that the rates of the transportation of eggs are different in different districts and therefore, decided to fix at Rs.0.50 ps uniformly and the said rates would come into operation with effect from the month of August, 2010 superceding the earlier proceedings issued by the 3rd respondent dated 4.3.2010 and hence he prays to allow the writ petition. 5. By virtue of the proceedings dated 4.3.2010, the petitioner was entrusted the work of transportation of Eggs at the rate of Rs.0.75 ps per egg to the door steps of different Anaganwadi centers. But, subsequently, the 2nd respondent has communicated proceedings dated 19.8.2010 to the petitioner stating that it was observed in the review meeting held on 27.7.2010 by the 1st respondent that the rates of the transportation of eggs are different in different districts and therefore, decided to fix transportation charges at Rs.0.50 ps per egg uniformly and the said rates would come into operation with effect from the month of August, 2010, without issuing any notice to the petitioner. The rate agreed for transportation of eggs as agreed upon by both parties and the proceedings dated 4.3.2010 issued by 3rd respondent can not be varied or altered unilaterally without giving reasonable opportunity to the petitioner. Therefore, the impugned proceedings of the 2nd respondent are liable to be set aside. 6. Accordingly, the Writ Petition is allowed setting aside the proceedings dated 19.8.2010 of the 2nd respondent. However, this order will not preclude the respondents to reduce the price in question after giving a notice to the petitioner calling for explanation and passing the orders thereon. There shall be no order as to costs. _______________ K.C.BHANU,J. 18.11.2011, Gk. HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.30123 OF 2011 Date:18.11.2011 Gk.