Disposed

Paralympic Committee of India v. the State of Karnataka

Karnataka HC9 Jul 2024WP/161/2023

Case brief

AI extract

What is this about?

The petitioner sought quashing of an endorsement and release of a grant for sports services. The High Court, without reviewing merits, directed respondents to consider the petitioner's 2022 representation and issue appropriate orders within four weeks.

What did the court decide?

Directed to consider petitioner's representation and pass appropriate orders within four weeks.

Paralympic Committee of India Vs the State of… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:26315 WP No. 161 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 161 OF 2023 (GM-RES)

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BETWEEN:

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PARALYMPIC COMMITTEE OF INDIA (RECOGNIZED BY GOVERNMENT OF INDIA) NO.28, KANTEERAVA STADIUM KASTURBA ROAD BENGALURU – 560 001. REPRESENTED BY ITS TREASURER SRI M MAHADEVA

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…PETITIONER

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(BY SRI. BALARAJ A C, ADVOCATE)

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AND:

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Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF SPORTS AND YOUTH SERVICES M S BUILDING DR B R AMBEDKAR VEEDHI BENGALURU – 560 001.

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU – 560 001.

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THE COMMISSIONER CUM CHIEF DIRECTOR OFFICE OF THE YOUTH EMPOWERMENT AND SPORTS DEPARTMENT KARNATAKA SPORTS AUTHORITY

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2 - NC: 2024:KHC:26315 WP No. 161 of 2023

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STATE YOUTH CENTRE NRUPATHUNGA ROAD BENGALURU – 560 001.

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THE COMMISSIONER OFFICE OF THE STATE PHYSICALLY HANDICAPPED PERSONS AUTHORITY NO.55, ABHAYA COMPLEX 2^ND FLOOR, KARNATAKA SLUM CLEARANCE BUILDING RESELDAR STREET SHESHADRIPURAM BENGALURU – 560 020.

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…RESPONDENTS

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(BY SRI. S H RAGHAVENDRA, AGA)

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THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO.KAKRIPRA/C7/22/2021-22 DATED 8.4.2022 VIDE ANNEXURE-H ISSUED BY THE 3^RD RESPONDENT AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this petition, the petitioner seeks the following reliefs:

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“i) Issue a writ in the nature of certiorari to quash the impugned endorsement bearing No.KaKriPra/C7/22/202122 dt:8.4.2022 vide Annexure-H issued by the 3^rd respondent;

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ii) Issue a writ in the nature of mandamus directing the 3^rd respondent to consider the representation dt:16.5.2022 vide Annexure-J and to release the grant forthwith in the favour of the petitioner;

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iii) Alternatively, direct the respondent for releasing the grants as per the proposals bearing

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3 - NC: 2024:KHC:26315 WP No. 161 of 2023

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No.KaKriPra/C4/184/08-09 submitted by the 3^rd respondent dt:7/16.2.2009 vide Annexure-C in order to enable the petitioner to pay the amounts to the service provider who have filed criminal cases dated 21.10.2017 bearing C.C.No.35679/2010 vide Annexure-K against the petitioner for recovery of the amount due to them for providing services at the time of organizing the International Wheel Chair and Amputees Sports World Games, 2009;

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iv) Issue such other writ, order or directions as deems fit in the circumstances of the case and allow the above writ petition with costs, in the interest of justice and equity.”

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Heard learned counsel for the petitioner and learned

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AGA counsel for the respondents and perused the material on record.

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After arguing the matter form sometime, learned counsel for the petitioner submits that the present petition may be disposed of directing the respondents to consider the representation at Annexure-J dated 16.05.2022 submitted by the petitioner, within a stipulated timeframe.

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Per contra, learned AGA submits that if reasonable time is granted, the respondents would consider the representation of the petitioner and would pass appropriate orders/take appropriate decision, in accordance with law.

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NC: 2024:KHC:26315 WP No. 161 of 2023

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5. Though several contentions have been urged by both

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sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, the concerned respondents are directed to consider the representation of the petitioner at Annexure-J dated 16.05.2022 and take appropriate decision/pass appropriate orders, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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Subject to the aforesaid observations and directions,

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the petition stands disposed of. Further, liberty is reserved in favour of the petitioner to submit additional representation, documents, etc., which shall also be considered by the concerned respondents, in accordance with law.

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BMC: List No.: 1 Sl No.: 42

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Sd/JUDGE

Paralympic Committee of India v. the State of Karnataka

Case brief

What is this about?

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Paralympic Committee of India v. the State of Karnataka

Case brief

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