H. N. TILHARI, J. ( 1 ) BY this petition, the petitioner has prayed for declaration that the impugned order/notice bearing No. Sam. Kra. U. Ma. Sa. (Mam)/3297/1996-1997, dated 11-6-1996, Annexure-L is void, non est and has got no legal efficacy and for issuance of direction to respondent 2 to forbear and desist from acting on and enforcing the aforesaid order, Annexure-L, in any manner against the petitioner. ( 2 ) BY Annexure-L dated 11-6-1996, issued under the signatures of the Secretary M. A. Nagaraja, it has been brought to the notice of the petitioner that the committee after having examined in detail the reply of the contractor found that the reply was unsatisfactory in all respects and hence it was decided to terminate the contract and to entrust the left over work to the new contractor. It is stated that the contract is terminated with immediate effect and thereafter it is mentioned that balance of the left over work will be completed by other contractor at the cost and responsibility of the contractor. ( 3 ) THE notice in the petition has been challenged on number of grounds. The notice was issued in this petition to the opposite parties and statement of objections has been filed and along with that copy of the resolution passed by the market committee bearing the signature of the Administrator and the Secretary has been filed. It had been read over to me and explained. By this resolution the market committee appears to have cancelled or terminated the contract. The resolution is dated 27-5-1996, and this indicates that the contract has been cancelled on account of the fact as is mentioned in the resolution, that there had been breach of contract and replies or explanations given by the petitioner were not found to be satisfactory. Learned Counsel for the petitioner sought to urge and pray that he may be allowed to file amendment to the writ petition to challenge the resolution Annexure-R-1, as the petitioner had no knowledge of that when he filed the writ petition. The resolution as indicates thereunder, the contract has been terminated on the ground that the work was not completed in accordance with the terms and conditions of the contract and therefore the committee passed that resolution. The resolution as indicates thereunder, the contract has been terminated on the ground that the work was not completed in accordance with the terms and conditions of the contract and therefore the committee passed that resolution. Whether the work was completed in accordance with the terms and conditions of the contract is a question of fact to be examined and to be decided on the basis of evidence to be adduced by the parties and Annexure-L so far is concerned, is really the notice of the action taken by the committee, that is cancellation of the contract although notice might not have been properly worded. ( 4 ) IN these circumstances, when questions mixed of facts and law are to be tried and to be decided, the proper course in such a case for the petitioner is to file regular suit which is the alternative and proper remedy, where all questions of fact and law will be thrashed out and writ petition under Article 226 cannot be a substitute for remedy of a regular suit. ( 5 ) IN this view of the matter without expressing any opinion on the merits of the case one way or the other and keeping all the pleas open to the petitioner and respondents to be raised in course of the suit, if they so desire to take, it is hereby ordered that the writ petition is dismissed on the ground of alternative remedy available to the petitioner. Petitioner's Counsel prayed at this stage that the opposite parties may be restrained from encashing the F. D. Rs. which are in deposit. This request was opposed by learned Counsel for the market committee. He submitted that in case if the petitioner succeeds in the suit, the market committee will undertake that it will reimburse the entire amount under that or whatever amount will be reimbursable. The statement of the market committee appears to be fair. The undertaking may be filed before withdrawing the amount under the F. D. Rs. , But the undertaking has to be filed before the Competent Civil Court where the suit has to be filed, provided the suit is filed within a period of 3 months from today, after complying with the requirements and after giving notice. Subject to above observations, the writ petition is hereby dismissed on the ground of alternative remedy being available to the petitioner. Subject to above observations, the writ petition is hereby dismissed on the ground of alternative remedy being available to the petitioner. --- *** --- .