1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.14304/2010 Madan Singh Shekhawat vs. State & Ors. Date of order : 6/12/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anuroop Singhi for the petitioner. Shri R.B. Mathur for the respondents. ****** Contention of the learned counsel for the petitioner is that respondents unilaterally by order dated 19.10.2010 extended the contract awarded to the petitioner by one month whereas, he has been representing them not to done so in view of the fact that he is running into huge losses and that the respondents are not making any arrangement for stoppage of illegal evasion of tax despite repeated request of the petitioner. It is contended that the respondents may be directed to decide his representation and till such decision is made, the Commissioner, Commercial Taxes Department may not invoke the bank guarantee. Shri R.B. Mathur, learned counsel for the respondents opposed the writ petition and submitted that respondents have rightly extended the contract period as per condition no.20 of the contract for a further period of three months or upto the date of the award of the next contract, whichever is earlier on the same terms and 2 conditions of the original contract. It is contended that petitioner has alternative remedy under clause 18 of the contract to submit such dispute before the Commissioner. The writ petition is therefore not maintainable and be dismissed. Having regard to the nature of dispute and the fact that petitioner has alternate remedy under clause 18 of the contract, this petition is disposed of. However, petitioner is at liberty to approach the Commissioner, Commercial Taxes Department who may within two months from the date of receipt of such representation, decide the dispute. It is expected of the respondents to keep the bank guarantee renewed for this duration of two months and not to invoke the same till the decision on such representation. The writ petition is disposed of with the aforesaid directions. (MOHAMMAD RAFIQ), J. RS/-