CWP No. 393 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 393 of 2010 Date of Decision: 15.7.2010 M/s Bhagwati Rice Mill ........ Petitioner Versus State of Punjab and others ........ Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT Present: Mr. Rajinder Singla, Advocate for the petitioner. Mr. H.S. Brar, Additional Advocate General, Punjab, for respondent Nos. 1 and 2. Mr. Hari Pal Verma, Advocate for respondent Nos. 3 and 4. SURYA KANT, J. (ORAL) The petitioner seeks a direction to respondent Nos. 2 to 4 to receive the rice for the custom milling of Kharif 2009-2010 as per the agreement between the parties. The respondents have filed their reply affidavit, inter-alia, averring that the rice delivered by the petitioner was BRL (Beyond Rejection Limit) and consequently the petitioner had delivered BRL rice for the custom milling for the marketing season of the year 2008-09, which he has not replaced despite an undertaking given by way of affidavits. Learned counsel for the petitioner on the other hand claims that the rice which is alleged to be BRL does not belong to the petitioner. Having heard learned counsel for the parties, I am of the considered view that such like disputed question of facts cannot be CWP No. 393 of 2010 -2- effectively adjudicated by this Court in exercise of its writ jurisdiction. It is not in dispute that as per the agreement between the petitioner and the DFSC (District Food and Supplies Controller) there is an arbitration clause for resolving the inter-se disputes between the parties. The present writ petition is accordingly dismissed with liberty to the petitioner to have recourse to the alternate remedy, as may be available in accordance with law. Dasti. July 15, 2010 ( SURYA KANT ) rishu JUDGE