The disputed questions of fact could only be adjudicated in a proper suit and not in the writ jurisdiction under Article 226 of the Constitution of India.

Heard Mr. D. K. Biswas, learned counsel for the petitioner. Heard Mr. A. Ghosh, learned counsel for the respondents Nos. 1 and 2 and Mr. S. Deb, learned counsel for the applicant in C. M. Application No. 158 of 2006 seeking impleadment.

2. (i) In the present writ petition No. 148 of 2006, the main prayer has been made to issue Rule asking the Respondents to show cause as to why his letter dated 10.3.2006 (Annexure-3) should not be treated to be baseless and meaningless in view of the Order passed on 17.2.2006 of W.P. (C) No. 10 of 2005 and to issue Rule asking the Respondents to show cause as to why a clear direction should not be given to the Respondent No. 2 to make all payments immediately to the Petitioner Syndicate handing over the cheque or any other negotiable instrument to the elected secretary namely Shri Rupak Barman until further order of any Court or removal of the Executive Committee from the power by due process of Law.

(ii) A Civil Misc. Application No. 158 of 2006 in W.P. (C) No. 148 of 2006 for impleadment has also been moved by Sri Somik Deb, learned counsel for the applicants.

(iii) During course of hearing through a C.M. Application No. 256 of 2006, prayer has been made that the plaint of the suit filed by petitioner namely T.S. 145 of 2005 and copy of temporary injunction order passed on 7.12.2005 and order of the appellate court dated 3.1.2005 are intended to be placed on the record with prayer that the order dated 10.3.2006 (Annexure-3) to be....

"Arbitrary and illegal in view of the argument between the Syndicate and the Government executed on 16.1.2004 and also Order of this Hon'ble Court passed on 17.2.2006 in W.P. (C) 10 of 2005, and accordingly be quashed by issuing a Writ of Certiorari."

3. By an order dated 10.3.2006 of the Director of Food, Civil Supplies & Consumer Affairs, Tripura (Annexure-3 to the writ petition) Shri Rupak Barman, General Secretary, Tripura Truck Owners Syndicate, Agartala has been informed that his representation dated 4.3.2006 addressed to the Commissioner, Food, Civil Supplies & Consumer Affairs, Government of Tripura, Agartala has been examined and it has been observed that he has to obtain an order from the Court of Law for making payment in his favour.

4. According to the petitioner (represented by Shri Rupak Barman, General Secretary) Tripura Truck Owners Syndicate (in short petitioner Syndicate) is a registered Trade Union Body of the Truck Owners which has preferred the present writ petition asserting that as some of the members of the 'Syndicate' has created problem due to which huge payment to the tune of Rs. 75,00000/- could not be paid to the Truck Owners of petitioner Syndicate by the State-respondents. The petitioner Syndicate, at present, is comprised of more than 400 truck owners as members. Most of the truck owners earned their livelihood from the income of their truck engaged by the petitioner Syndicate and for lack of proper payment, members have faced serious financial crisis. The labourers (engaged in their godowns) for loading, unloading goods and the food items, are not receiving their wages properly for want of fund to be paid to them by petitioner Syndicate. It appears that the Agreement dated 16.1.2004 made between the Governor of Tripura and the General Secretary, petitioner Syndicate provides the mode and modalities of carrying the work of the State Government through the Director of Food, Civil Supplies & Consumer Affairs on prescribed terms and conditions. The payment to the truck owners are to be made through the General Secretary of the petitioner Syndicate. It appears that petitioner Syndicate had preferred Title Suit No. 145 of 2005 in the Court of the Civil Judge, Junior Division, West Tripura, Agartala against Sri Subrata Kumar Gupta and 31 others out of total 406 members of the petitioner Syndicate, with prayer for a decree declaring and accepting the Executive Committee headed by the President Shri Amal Chakraborty and General