THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.16319 of 2011 ORDER: 1. This writ petition is filed seeking a writ of mandamus declaring the action of the respondents in not extending G.O.Ms.No.94, Transport, Roads and Buildings, dated 16.04.2008 in terms of Municipal Resolution No.26, dated 29.04.2008, to the petitioner, as illegal, arbitrary and violative of principles of natural justice and consequently, direct the respondents to extend G.O.Ms.No.94, dated 16.04.2008 in terms of Municipal Resolution No.26, dated 29.04.2008, to the petitioner. 2. The brief facts that are necessary for disposal of the writ petition may be stated as follows: The petitioner is the contractor of Public Health Department. He became the lowest bidder for an amount of Rs.6,75,000/- when the tenders called for, for construction of C.C drain from Sri Venkata Seetharama Jewelleries upto Rajugari Subba Rao Street; and C.C drain from Karachi Sweet Stall upto Sankavari Street Junction. Accordingly, he entered into agreement with the first respondent on 25.04.2011 and work orders were issued on 15.04.2011 i.e., prior to entering into agreement. He commenced the execution of the said two works on 05.05.2011. The Government issued G.O.Ms.No.94, dated 16.04.2008 with regard to adoption of price adjustment for steel and cement for all on going works of bridges, roads and buildings and other civil works of all departments. The Municipal Council, Mandapeta has extended the said G.O to the on going works of Mandapeta Municipality for prize adjustment vide Council Resolution No.26 dated 29.04.2008. The grievance of the petitioner is that even though he made a representation to the respondents on 05.05.2011 to extend the benefit of the said G.O.Ms.No.94, dated 16.04.2008 in terms of Resolution No.26, dated 29.04.2008, the respondents have not taken any action so far. 3. A detailed counter affidavit has been filed on behalf of the first respondent stating that pursuant to the tenders called for through e- procurement notice dated 04.03.2001 for the works relating to construction of two C.C drains i.e., (i) from Sri Venkata Seetharama Jewelleries upto Rajugari Subba Rao Street on the southern side of Potti Sri Ramulu road and (ii) from Karachi Sweet Stall upto Sankavari Street Junction on the southern side of Potti Sri Ramulu road, the petitioner has quoted lowest tenders at 9.99% less than the Estimated Contract Value and worked out to Rs.5,50,941.31 ps. for item No.1 work and Rs.5,52,168.15 ps. for item No.2 work; that the Municipal Council, Mandapeta had accepted the above two lowest tenders at the rates quoted vide C.R.No.213 dated 26.03.2011; that work orders were issued to the petitioner on 15.04.2011 directing him to complete the said works within 90 days and to pay the balance EMD and that the petitioner has paid the balance EMD to the Municipality and entered into agreements on 25.04.2011. It is further stated that the petitioner has not started the said two works; that the price adjustment for cement and steel clause has not been included in the agreements entered into by the petitioner as per G.O.Ms.No.94, dated 16.04.2008 and hence the price adjustment is not applicable to him. 4. Learned counsel for the petitioner contended that the Government issued G.O.Ms.No.94, dated 16.04.2008 with regard to adoption of price adjustment for steel and cement for all ongoing works every month and that though the same has been approved by the Municipal Council, it has not been extended to the petitioner. Therefore, he prays to issue a direction to the respondents to follow the said G.O. 5. On the other hand, the learned Standing Counsel appearing for the respondents contended that the petitioner has not even started the works and that price adjustment of steel and cement clause has not been included in the agreements, as contended by the petitioner, as per G.O.Ms.No.94, dated 16.04.2008. Therefore, he prays to dismiss the writ petition. 6. The petitioner has been awarded contract works relating to construction of two C.C drains from Sri Venkata Seetharama Jewelleries upto Rajugari Subba Rao Street; and from Karachi Sweet Stall upto Sankavari Street Junction with estimated contract value of Rs.6,12,089/- and Rs.6,13,452/- respectively and work orders have been issued to him on 15.04.2011 for the said works with a direction to complete the same within 90 days. For carrying the said contract works, agreements were entered into between the petitioner and the respondents on 25.04.2011. In G.O.Ms.No.94, dated 16.04.2008 it was made clear to adopt price adjustment for steel and cement every month for all on going works and the said order would be applicable to the Government of Andhra Pradesh Corporation, local bodies and Government Undertakings, Tirumala Tirupathi Devasthanam etc. 7. Admittedly, there is no price adjustment of steel and cement clause incorporated in the agreements entered into between the petitioner and the respondents. The parties are bound by the terms and conditions laid down in the agreement. When the agreement does not stipulate price adjustment of steel and cement clause, the petitioner cannot invoke G.O.Ms.No.94 dated 16.04.2008 so as to seek the said relief. Hence, the writ petition is devoid of merits. 8. The Writ Petition is accordingly dismissed. There shall be no order as to costs. K.C. BHANU, J Date: 02.12.2011 va