IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 17378 of 2008 Between: Shamshul Huda S/o. Akbar Hussain M/s. Ganga Jamuna Socio-Economic Development Society, Minerva Complex Showroom, S.D. Road, Secunderabad, R/o. Hyderabad. ..... PETITIONER AND The Andhra Pradesh State Handloom Weavers Cooperative Soceity Limited, Regd. Office at Weavers Bhavan, H.No.3-5-770, Narayanaguda, Hyderabad, rep. by its Vice- Chairman and Managing Director. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring impugned letter of the respondent bearing Ref.No.Mktg/Sec/GJSEDS/CO/08/1948 dated 23.05.2008, in terminating the contracts entered by the petitioner and respondent as arbitrary, illegal, unconstitutional and violative of the principles of natural justice. Counsel for the Petitioner: MR.B.NARAYANA REDDY Counsel for the Respondent No.: MR.N.RAJESWAR RAO The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 17378 of 2008 O R D E R: The petitioner herein was granted two contracts by the respondent society for sale of APCO Products in the show-rooms at New Delhi. Pursuant thereto, agreements dated 19.12.2007 and 31.1.2008 were entered into between the petitioner and the respondent to conduct handloom retail business in the show-rooms for a period of 10 years as per the agreed terms. However, by order dated 23.5.2008 the respondent terminated both the agreements on the ground that the petitioner failed to fulﬁll the minimum conditions stipulated in the agreements. The said order of the respondent dated 23.5.2008 is under challenged in this writ petition. Though various contentions have been raised by the petitioner assailing the impugned action of the respondent in terminating agreements dated 19.12.2007 and 31.1.2008, I am not inclined to express any opinion on merits since admittedly the dispute raised in this writ petition arises out of a contract between the petitioner and the respondent, the terms and conditions of which are not regulated by any statute. Thus, all the rights and liabilities of the parties are regulated by the terms and conditions of the contract itself. It is a voluntary act on the part of the parties. In the circumstances, the relief sought by the petitioner in this writ petition which is nothing but enforcement of the terms and conditions of a non-statutory contract cannot be granted in exercise of the jurisdiction under Article 226 of the Constitution of India. It is true that as held in ABL INTERNATIONAL LTD. v. EXPORT CREDIT GUARANTEE CORPN. OF INDIA LTD. [1], there is no absolute bar with regard to entertaining a writ petition relating to a dispute arising out of a non-statutory contract. However, it always depends on the facts and circumstances of each case. Having regard to the nature of the dispute raised in this writ petition which involves several disputed questions of fact arising out of a concluded contract, I am of the opinion that the matter cannot be dealt with under Article 226 of the Constitution of India. Accordingly, leaving it open to the petitioner to work out the appropriate remedy as available under law, the writ petition is dismissed. No costs. ______________ G. ROHINI,J Date: 28-08-2008 KLP [1] 2004 (3) SCC 553