THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.33610 OF 2011 ORDER: This writ petition is filed for a writ of Mandamus to declare the action of the respondents in not implementing G.O.Ms.No.94, Transport, Roads & Buildings (R.I) Department, dated 16.04.2008 as amended by G.O.Ms.No.269, Transport, Roads & Buildings (R.I) Department, dated 15.09.2008, in respect of the work executed by the petitioner viz., “providing internal roads, C.C. roads, culverts in rehabilitated villages of Dilawarpur and Kuntala Mandals in Nirmal constituency of Adilabad District” as illegal and arbitrary and for a consequential direction to the respondents to implement the same forthwith. 2. It is stated in the affidavit filed in support of the writ petition that the petitioner entered into an agreement with the respondents on 18.09.2006 in respect of a work viz., “providing internal roads, C.C. roads, culverts in rehabilitated villages of Dilawarpur and Kuntala Mandals in Nirmal constituency of Adilabad District”. However, during the course of execution, the petitioner and similar other contractors faced financial stress, due to the sudden spurt in the prices of all construction material. Therefore, a representation was made in this regard to the Government with a request to take appropriate decision. After due consideration, the Government issued G.O.Ms.No.94, Transport, Roads & Buildings (R.I) Department, dated 16.04.2008, which was amended by G.O.Ms.No. G.O.Ms.No.269, Transport, Roads & Buildings (R.I) Department, dated 15.09.2008, adopting price adjustment to all the ongoing and future works. It is further stated that the respondents did not implement the said G.O. in respect of the work awarded to the petitioner. Hence, this writ petition. 3. Learned counsel for the petitioner contended that the Government issued G.O.Ms.No.269, Transport, Roads & Buildings (R.I) Department, dated 15.09.2008, to the effect that the price adjustment shall be applicable to all the ongoing works; that though the contract work has been entrusted to the petitioner in the year 2006, it was completed in December 2008, and therefore, the G.O. is applicable to the case of the petitioner. He further contended that the petitioner made a representation to the 3rd respondent in this regard, but no orders have been passed thereon. 4. On the other hand, the learned Assistant Government Pleader for Irrigation contended that the 3rd respondent would take appropriate decision in pursuance of the representation, if any made by the petitioner, is available with the 3rd respondent. 5. The petitioner was entrusted with the work on 18.09.2006. As per the agreement, it has to complete the work within 17 months from the date of agreement. According to the petitioner, it has completed the work on 22.08.2008. The Government issued G.O.Ms.No.269, Transport, Roads & Buildings (R.I) Department, dated 15.09.2008 amending earlier G.O.Ms.No.94, Transport, Roads & Buildings (R.I) Department, dated 16.04.2008 to the following effect: “The price adjustment shall be applicable for all ongoing and future works. The price adjustment shall be applicable within original contract period or period extended on grounds of departmental delays and with valid reasons and shall not be applicable to the extensions granted on account of the contractors fault as envisaged in G.O.94, of I&CAD Dept. The price adjustment shall be applicable for ongoing works. Price adjustment shall be applicable for components of works actually carried out during the period of the bill. The above orders are applicable for all contracted works of the Government of Andhra Pradesh and Corporations, local bodies and Government Undertakings, Tirumala Tirupati Devasthanam, etc. 6. The price adjustment shall be applicable basing on the amendment to G.O.Ms.No.94, Transport, Roads & Buildings (R.I) Department, dated 16.04.2008. Though the petitioner made a representation to the 3rd respondent in this regard, no orders have been passed thereon. Therefore, the 3rd respondent is directed to take appropriate decision on the representation of the petitioner, if any available with him, in accordance with the agreement as well as G.O.Ms.No.269, Transport, Roads & Buildings (R.I) Department, dated 15.09.2008, within a period of two (2) months from the date of receipt of a copy of this order. In case the representation of the petitioner is not available with the 3rd respondent, liberty is given to the petitioner to make a fresh representation. 7. The writ petition is accordingly disposed of with the above direction. No costs. ______________ (K.C.BHANU, J.) Date: 21.12.2011 JSU THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.33610 OF 2011 Date:21.12.2011 JSU