THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.25121 OF 2010 DATED 12TH DECEMBER, 2011 BETWEEN M/s.Jagath Business Forms, A Partnership Firm having its registered Office at 39-54/7 & 8, Road No.5, IDA Gandhi Nagar, Hyderabad-37, Presented by its Partner Shri K.Jagath Nagesh, S/o Shri K.S.R.Murthy, aged 42 years, R/o Plot No.15, Suprabhat Nagar, Balgampet, Hyderabad. …Petitioner And Government of India, Rep. by its Secretary (Postal Services), Dak Bhawan, Parliament Road, New Delhi and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.25121 OF 2010 ORDER: The prayer in this writ petition is that the Superintendent of Posts (Stores Depot), Bhubaneswar, Orissa, should be directed to receive the goods supplied by the petitioner firm which were lying at Bhubaneswar. A declaration is also sought that the action of the respondents in not accepting the said goods pursuant to the purchase order dated 29.12.2009 and their subsequent unilateral cancellation of the contract is illegal. The Superintendent, Postal Stores Depot, Bhubaneswar, filed a counter affidavit contesting the claim of the petitioner firm. Conspectus of the pleadings and the material filed in support thereof demonstrates that the matter arises out of a non-statutory commercial contract and the relief sought by the petitioner firm would require adjudication of disputed questions of fact which need to be addressed through a full-fledged trial. This Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution cannot undertake this exercise. The remedy of the petitioner firm lies elsewhere. The Writ Petition is therefore held to be not maintainable and is accordingly dismissed. WPMP No.32110 of 2010 shall stand dismissed in consequence. Needless to state, it shall be open to the petitioner firm to invoke such remedies as are available to it in accordance with law. No costs. ____________________ SANJAY KUMAR, J. 12TH DECEMBER, 2011. VGSR/PGS