THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.32200 of 2010 Date: 25.03.2011 Between: The Bellampally Region Coal Tipper Owner Welfare Society, rep.by its Secretary Sri E.Venkataswamy, Bellampally, Adilabad District. … Petitioner and The Singareni Collieries Company Limited, Rep.by its Chairman and Managing Director, Kothagudem, Khammam District and others. … Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.32200 of 2010 ORDER : Heard Sri M. Ramakrishna, learned counsel appearing for the petitioner as well as Sri Nandigam Krishna Rao, learned Standing Counsel appearing for the respondents and with the consent of both the counsel, the writ petition is being disposed of at the admission stage. 2. The petitioner, a Coal Tipper Owners Welfare Society of Bellampally Region, which was awarded a contract for transportation of coal pursuant to a tender notification No.C-11 09 0 0245, dated 12.8.2009, has filed this writ petition challenging the tender notification No.C-14 100 0 380, dated 04.12.2009, issued by the 1st respondent calling for fresh tenders for carrying out the said work, as arbitrary and illegal. 3. The undisputed facts are that pursuant to the notification No.C-11 09 0 0245, dated 12.8.2009, issued by the 1st respondent inviting tenders for transportation of coal from Goleti –1A Incline to SRP-CHP on weight basis for a period of two years, the Petitioner- Society became the successful bidder and it was awarded the said contract. As per the agreement executed on 22.1.2010 between the Petitioner-Society and the 1st respondent, initially the Petitioner- Society was allotted 2,10,000 tonnes of coal for transportation. The said contract was enforceable within a period of two years from the date of commencement, which admittedly is from 31.12.2009 to 30.12.2011. By a subsequent understanding between the parties, the said quantity was increased to 2,82,000 tonnes. 4. While so, the 1st respondent issued the impugned notification No.C-14 100 0 380, dated 04.12.2010, inviting fresh tenders for transportation of 1,060 tonnes of coal from the same mine. The grievance of the Petitioner-Society is that the 1st respondent is not justified in calling for fresh tenders to execute the same work while the agreement entered into between the Petitioner-Society and the 1st respondent is in force till 30.12.2011. Therefore, it has filed the present writ petition for the aforesaid relief. 5. A perusal of the tender notification dated 12.8.2009 pursuant to which the work was awarded to the Petitioner-Society shows that the said work was allotted on weight basis for a period of two years. To that effect, an agreement dated 22.1.2010 was also entered into between the Petitioner-Society and the 1st respondent. It is true that subsequently the quantity was increased to 2,82,000 tonnes, but the same is again on weight basis and not on tenure basis. Therefore, it is evident that unless the quantity assured under the said agreement is reduced, the Petitioner- Society cannot have any legitimate grievance against the issuance of the impugned tender notification dated 4.12.2010. 6. Learned Standing Counsel for the respondents represents that by inviting fresh tenders, the 1st respondent does not intend to reduce the quantity assured to the Petitioner-Society. He would, therefore, submit that the Petitioner-Society is no way affected even if the work is allotted to others pursuant to the impugned tender notification. 7. In view of the scope of the agreement entered between the parties and also the representation made by the learned Standing Counsel for the respondents, I am of the view that the interest of the Petitioner-Society is fully safeguarded. The impugned tender notification dated 4.12.2010, therefore, cannot be faulted. 8 . Subject to the above observations, the writ petition is dismissed. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 25.03.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.32200 of 2010 25.03.2011 (Msr)