WP(C) 5697/2009 BEFORE THE HON’BLE MR JUSTICE IA ANSARI Heard Mr. B Sinha, learned counsel for the petitioners, and Mr. N Goswam i, learned counsel, appearing on behalf of respondents. The petitioners’ grievance, as expressed in this writ petition, made under Artic le 226 of the Constitution of India, is with regard to alleged non-payment of th e petitioners’ due amounting to a sum of Rs. 8,32,184/-, which, even, according to the petitioner, had fallen due, for payment, as far back as in the year 1993- 94. Taking, however, recourse to a notice, dated 31-12-2007 (Annexure-7 to the w rit petition), whereby the respondents have informed all concerned including sup pliers or contractors of the Assam State Electricity Board (hereinafter referred to as ’ASEB’) that if any of their applications, as regards, amongst others, ad missible payments, has been kept pending for unusual by long time by officers an d staff of the ASEB or its subsidiary companies, then, the same should be brough t to the notice of the Managing Director of the ASEB or its subsidiary, the peti tioner has filed this writ petition, under Article 226 of the Constitution of In dia, claiming that the respondents be directed to make payment of the petitioner s’ bills. By filing an affidavit-in-opposition, the respondents have, however, d isputed their liability. Thus, the present one is not a case of admitted liabili ty of the alleged dues of the petitioners. As the writ petition involves disputed questions of facts, determination of the allegations and counter-allegations, made by the parties concerned, is required to be determined by taking evidence. In a writ proceeding of present nature, it is neither desirable nor permissible, in the absence of any other cogent reasons , that this Court shall invoke its extra-ordinary jurisdiction under Article 226 . Situated thus, it is clear that this writ petition cannot be maintained. Realizing the fact that the writ petition, in the light of the counter affidavit filed by the respondents, may not be maintainable, the petitioners seek to with draw this writ petition with liberty to take recourse to appropriate provisions of law for obtaining relief(s) of the grievances of the petitioners. To the subm issions, so made, no objection has been raised by the respondents. In view of the above and in the interest of justice, this writ petition is dispo sed of as withdrawn with liberty granted to the petitioners to take recourse to such provisions of law as may be permissible or the remedy of their grievances.