/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1474 OF 2003 ALONGWITH CIVIL APPLICATION NO.999 OF 2003 IN WRIT PETITION NO.1474 OF 2003 Bharatiya Shaikshanik Sahitya Utpadak Kendra & Anr. ...Petitioners V/s. State of Maharashtra & Ors. ... Respondents Shri.J. Shekhar i/b. M/s.J. Shekhar & Co. for Petitioners. Shri.V.P. Malvankar AGP for Respondents. CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATED : 18th FEBRUARY, 2008 P.C.:- 1. By this petition, the petitioners challenge the cancellation of the contract which according to the petitioners, was placed on them by the Government for supply of certain articles @ of Rs.1470/- per item. We find from the affidavit that the Government decided not to purchase the materials @ of Rs.1470/- per item because the Government found that it can get the / 2/ same materials at drastically lower-down rate. Apart from justification given by the Government for cancellation of the contract, in our opinion, even assuming that the Government wrongly terminated the contracted or cancelled the contract, the appropriate remedy available to the petitioners was either to sue for a decree for specific performance of the contract or damages. In our opinion, no case is made out for grant of relief. Disputed question of fact can not be decided in a petition filed under Article 226 of Constitution of India. No relief can be granted to the petitioners. Petition is dismissed. Rule is discharged. No order as to costs. 2. In view of dismissal of the petition, nothing survives in the civil application. Civil application is disposed of accordingly. ( D.K. DESHMUKH, J.) (V.M. KANADE, J.)