1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6026/09 Shish Ram Dayma vs. State & Ors. Date of order : 18/5/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Deepak Asopa for the petitioner. ****** This writ petition has been filed against the decision of Standing Committee who has rejected its claim for enhancement of the contract period on the ground that the work of royalty collection remained affected due to Gurjar agitation. The rejection order passed by the Standing Committee is based on two grounds; firstly that the petitioner as per clause 11.9 of the agreement did not report the Force Measure within 30 days and that he reported so after 11 months and secondly that the burden of proof as to the occurrence of such Force Measure lies on the petitioner. The petitioner has simply produced copies of the newspaper cutting to show that the traffic did not ply for the duration from 23.5.2008 to 18.6.2008. Learned counsel argued that the movement of the traffic remained hampered for 26 days. Learned counsel submitted that respondents are taking a discriminatory stand because they have on such similar basis extended the period of contract in case of one Dariyab Singh. The premises on which the respondents 2 have rejected claim of the petitioner are both factual. Whether or not he served notice in terms of Clause 11.9 within thirty days and whether the traffic movement of the route remained closed for entire duration of 26 days, are disputed questions. Even otherwise, this is a contractual dispute involving adjudication of the contentious issues, which are based on factual controversies. The appropriate remedy for the petitioner would be to file the civil suit claiming extension of contract period or composition and therein he could also request for the prayer of interim injunction. The writ petition cannot be entertained for such a dispute having contentious issues on fact. The writ petition is accordingly dismissed as not maintainable with the aforesaid liberty. (MOHAMMAD RAFIQ), J. RS/