IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 8241 of 2004 M/s Manav Sand & Mineral Corpn..Petitioner vs State of Mah and ors..Respondents Mr Vinay J Hegde for petitioner Mr. C.R.Sonawane AGP for State CORAM:A.P.SHAH & S.C.DHARMADHIKARI JJ. CORAM:A.P.SHAH & S.C.DHARMADHIKARI JJ. CORAM:A.P.SHAH & S.C.DHARMADHIKARI JJ. Dated 8.l0.2004 Dated 8.l0.2004 Dated 8.l0.2004 P.C: Heard advocates. The challenge in this petition is to the contract for lifting sand. Condition l4 which is impugned in this petition on translation reads as follows: "In the upset price ofl the sand fixed for the auction, the amount to be paid to the plot holder and others towards excavation of sand, while transporting the sand from the spot, has not been included. It shall be the responsibility (liability) of the auction holder to make the payment of any such kind of amount." The above condition merely states that the cost of transporting the sand from the spot shall be borne by the auction purchaser. There is nothing arbitrary in the condition nor any illegality is attached to it. Hence petition is dismissed.