Dismissed

District Cricket Association v. Dy. Registrar Societies Cum Registrar Institution

Rajasthan HC24 May 2023SAW/143/2019

Case brief

AI extract

What is this about?

The Division Bench dismissed a Special Appeal seeking amendment to challenge an alleged antedated order passed by the Registrar during the pendency of the appeal. The Court held that subsequent orders passed after filing the writ petition and the availability of statutory remedies preclude entertaining the current appeal.

What did the court decide?

The amendment application and the special appeal stand dismissed.

District Cricket Association Vs Dy… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

¶1

[2023/RJJP/011817]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Special Appeal (Writ) No.143/2019

¶4

¶5

S.B. Civil Writ Petition No.745/2019

¶6

District Cricket Association, Ajmer Through Its Secretary Gunjan Sharma Having Its Registered Office At Sharma Printers, Bihari Ganj, Near Jangid Bank, Nasirabad Road, Ajmer.

¶7

Gunjan Sharma, Secretary, District Cricket Association, Ajmer Son Of Shri Rajendra Prasad Sharma, Aged About 36 Years, Resident Of 111/27, Johans Ganj, Ghooghra Ghati, Ajmer.

¶8

----Appellants

¶9

Versus

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Dy. Registrar Societies Cum Registrar Institution, Ajmer, Ghooghra Ghati, Ajmer.

¶11

Jr. Inspector Cum Enquiry Officer, Registrar Societies, Ajmer, Ghooghra Ghati, Ajmer.

¶12

Rajasthan Cricket Association, Through Its Hony. Secretary, RCA Academy, SMS Stadium, Jaipur.

¶13

----Respondents

¶14

For Appellant(s) : Mr. Clevans Cletus For Respondent(s) : Mr. S.S. Raghav, AAG with Mr. Ajay Singh Rajawat and Mr. Prateek Kasliwal with Mr. Samaksh Dasot

¶15

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR HON'BLE MR. JUSTICE ASHUTOSH KUMAR

¶16

Order

¶17

24/05/2023

¶18

The matter comes up on an application (I.A. No.1/2022) filed on behalf of the appellants for seeking amendment of the special appeal filed on their behalf.

[2023/RJJP/011817]

[SAW-143/2019]

(2 of 6)

Learned counsel appearing on behalf of the appellants submitted that appellants have preferred appeal against the order dated 10.01.2019 passed by the learned Single Judge. Learned counsel submitted that Co-ordinate Division Bench of this Court on 16.01.2019 passed an interim order to the effect that no final order was to be passed pursuant to the enquiry initiated and show cause notice dated 04.01.2019.

¶23

Learned counsel submitted that after passing order dated 16.01.2019, the appellants had communicated the said order to the authorities informing that no action was required to be taken in pursuance of enquiry order dated 24.12.2018 and show cause notice dated 04.01.2019 as this Court had passed an interim order on 16.01.2019.

¶24

Learned counsel for the appellants submitted that to the utter surprise of the appellants, an order was received on 18.01.2019 whereby, the order passed by the respondent No.1 was an antedated order and the same was passed into teeth of the Hon’ble Court’s order dated 16.01.2019.

¶25

Learned counsel for the appellants submitted that the order dated 15.01.2019 passed by the respondent No.1 is an antedated same is required to be challenged before this Court and as such, amendment application has been filed before this Court. Learned counsel submitted that the validity of order dated 15.01.2019 filed along-with the application (Annexure-A1) is required to be examined by this Court and as such, the grounds assailing the said order, have been also mentioned in the amendment application.

[2023/RJJP/011817]

[SAW-143/2019]

(3 of 6)

Learned counsel for the appellants further submitted that the order dated 15.01.2019 was also passed by committing the contempt of this Court and accordingly the contempt petition was preferred before this Court. Learned counsel submitted that the contempt petition was not entertained by this Court and the same was dismissed, however, the same would not deprive the appellants to challenge the order by amending their special appeal pending before this Court.

¶30

We have heard the counsel.

¶31

Learned counsel for the appellants submitted that learned Single Judge while passing the order dated 10.01.2019 has not considered the legal issues which were raised before the Single Bench and only on technical ground of issuance of show cause notice, the writ petition filed by the appellants came to be dismissed. Learned counsel further submitted that though liberty was granted to the appellants to challenge final orders to be passed in pursuance of show cause notice dated 04.01.2019 as appellants had statutory remedy of appeal against such order under Section 35 of the Rajasthan Sports (Registration, Recognition and Regulation of Association) Act, 2005 (for short, ‘the Act of 2005’), however, availability of statutory remedy is no bar to invoke extraordinary jurisdiction of this Court if fundamental and statutory rights of the appellants are being violated.

¶32

We have heard the learned counsel.

¶33

Learned counsel appearing for the State Mr. S.S. Raghav, learned AAG submitted that the grievance raised by the appellants

[2023/RJJP/011817]

[SAW-143/2019]

(4 of 6)

in respect of show cause notice issued to them, has finally resulted into passing of order dated 15.01.2019.

¶38

Learned counsel submitted that the order dated 15.01.2019 is an order passed under Section 24(1) of the Act of 2005 and as such, order is an appealable order as per Section 35 of the Act of 2005.

¶39

Learned counsel submitted that the allegation of making order dated 15.01.2019 as antedated has also not been found to be correct by the Division Bench of this Court while deciding the contempt petition.

¶40

Learned counsel further submitted that the scope of special appeal before this Court is only in respect of considering the judgment passed by the Single Bench where right to appeal was also found in favour of the appellants and as such, this Court may not permit amendment in the appeal, as appeal itself has become infructuous and same needs to be dismissed by this Court.

¶41

Learned counsel for the respondents Mr. S.S. Raghav, learned AAG also submitted that this Court in D.B. Special Appeal Writ No.1194/2019: Dr. Sumit Garg vs. District Cricket Association, Sawaimadhopur and Ors. has also not entertained the special appeal on account of alternative remedy available to the aggrieved party under the provisions contained in the Act of 2005.

¶42

This Court finds that the appellants had grievance against the show cause notice issued to them and they approached this Court.

[2023/RJJP/011817]

[SAW-143/2019]

(5 of 6)

This Court finds that the learned Single Judge at admission stage did not entertain the writ petition filed by the appellants and by assigning three reasons the writ petition came to be dismissed.

¶47

This Court finds that during pendency of the appeal, an order dated 15.01.2019 has been passed by the respondents and as such, the Registrar appointed ad-hoc committee to manage the affairs of the Cricket Association, Ajmer.

¶48

This Court finds that an order dated 15.01.2019 has been passed and allegation of an order being antedated, is required to be adjudicated before appropriate forum under Section 35 of the Act of 2005 as it provides for filing an appeal by any person or sports association feeling aggrieved by order made by the Registrar under the provisions of the Act of 2005.

¶49

The submission of learned counsel for the appellants that the order dated 15.01.2019 has been antedated, suffice it to say that by this Court after filing of the writ petition, if any order has been passed and any statutory appeal is provided for assailing the said order, person aggrieved or sports association aggrieved, can always file an appeal. The ground available to the appellants including the grounds of violation of principle of natural justice can always to be taken before the competent authority or the appellate authority and he is required to consider the grounds which are raised. This Court in view of subsequent developments which have been taken place during pendency of the special appeal, does not deem it proper to entertain the present appeal and as such, the appeal is dismissed.

(6 of 6)

[2023/RJJP/011817]

[SAW-143/2019]

It goes without saying that if the appellants have grievance against the order passed by the Registrar, they are always free to avail the remedy provided under the law.

¶54

The appeal is dismissed.

¶55

(ASHUTOSH KUMAR),J

¶56

(ASHOK KUMAR GAUR),J

¶57

MADAN/34

District Cricket Association v. Dy. Registrar Societies Cum Registrar Institution

Case brief

What is this about?

What did the court decide?

District Cricket Association v. Dy. Registrar Societies Cum Registrar Institution

Case brief

What is this about?

What did the court decide?

What the court decided

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