THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.22564 of 2009 ORDER: The Singareni Collieries, the respondents herein, invited tenders for award of contracts for supply of sand from two different quarries of Godavari river to its bunkers. The petitioners emerged as successful tenderers and a contract was entered into on 10.06.2009, to be in force for two years. The major quantity, i.e., six lakh cubic meters of sand, was to be transported from Vempally Sand Quarry and the remaining quantity was to be supplied from Chennur Sand Quarry. The rates for supply of sand from Vempally quarry is about Rs.55/-, per cubic meter, on an average, and for the supply from Chennur quarry, it is Rs.171/-, per cubic meter. The petitioners contend that the approach road from Vempally quarry to various bunkers is not proper, and at some places, the owners of the land are not permitting the vehicles to move. According to the petitioners, the stipulated quantity is being supplied from Chennur quarry, but the respondents are insisting on supplies being made from Vempally quarry, with threat of cancellation of agreements. It is in this context, the petitioners are seeking a direction to the respondents to allow them to transport sand from Chennur quarry and to pay the bills regularly. They also pray for a direction to the respondents not to insist on supply from the Vempally sand quarry. The respondents filed counter-affidavit, denying the allegations. It is stated that the petitioners themselves have operated the trucks from Chennur sand quarry, for quite some time, and the present writ petition is filed, only with a view to get higher payment, contrary to the agreements. Heard Sri L.Prabhakar Reddy, learned counsel for the petitioners, and Sri Nandigama Krishna Rao, learned Standing Counsel for the respondents. The petitioners emerged as the successful tenderers and agreements were entered into for supply of sand from two different reaches. Though the supply is to the same units and the material is same, on account of the distance from the quarry and other factors, the rates are substantially different. While for the sand to be transported from Vempally quarry, it is in the range of Rs.55/-, per cubic meter, for the same material to be transported from Chennur quarry, it is Rs.171/-, per cubic meter. The contention of the petitioners that the approach road from Vempally sand quarry is not in good condition and is being obstructed, cannot be accepted. The petitioners are supposed to know the condition of the approach road, before participating in the auction. Having emerged as the successful tenderers and obtained the contract, the petitioners cannot violate the terms thereof and seek directions, which run contrary to the agreements. In case the contention of the petitioners is accepted, the respondents would incur phenomenal loss. They have allocated the quantities for the two reaches, duly working out their finances, feasibility etc. The petitioners cannot be permitted to alter the conditions, in such a way, as to enrich them at the cost of the respondents. The record does not disclose that any serious obstruction was caused to the trucks of the petitioners on the road from Vempally to the concerned bunkers. It is also not known as to whether it is a public road, or a private approach road. Either way, steps were required to be taken as soon as any obstruction was sensed. The respondents are entitled to insist on the equilibrium being maintained in the matter of supplies from two different reaches. Therefore, the Writ Petition is disposed of, directing that the petitioners and respondents shall abide by the terms of contract and that if the petitioners face any obstruction on the road from Vempally sand quarry to the bunkers of the respondents, it shall be open to them to bring the same to the notice of the respondents, who, in turn, shall take necessary steps. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.23-12-2009. GJ