Orissa High Court
WP(C)/22729/2020 on 23 September, 2020
W.P.(C) No. 22729 of 2020
02. 23.09.2020 The Court is convened through Video Conferencing mode.
Heard Mr. S. Nanda, learned counsel for the petitioner and Mr. M.S. Sahoo, learned Additional Government Advocate for the State-opposite parties.
This writ petition has been filed by the petitioner- Odisha Power Lifting Association inter alia with the prayer to declare the Draft Sports Policy, 2019 (Annexure-7) formulated by the Sports and Youth Services, Government of Odisha, Bhubaneswar ultra vires of the Orissa Sports Authorities Act, 1994.
Mr. S. Nanda, learned counsel for the petitioner submitted that the aforesaid draft policy is liable to be quashed and set aside for the simple reason that it has not been framed in conformity with the provisions of Section 4 of the Orissa Sports Authorities Act, 1994.
The grievance of the petitioner is also that while other associations have received e-mail in August, 2020 from the opposite party No.2, seeking their inputs/feedback in respect of Draft Sports Policy, 2019, but no such e-mail has been received by the petitioner-association.
Since the draft policy has yet not been finally adopted by the Sports and Youth Services Department of the State, filing of the writ petition is premature.
Even if what is alleged by the petitioner that its suggestions/inputs were not invited, that cannot be a reason to entertain the writ petition because it is always open to the -2- petitioner to submit its objections/suggestions/inputs on its own before the opposite party No.2-Commissioner-cum- Secretary, Sports and Youth Services Department to the proposed draft policy, 2019, if so advised. In the event, the petitioner files its objection, the competent authority shall consider the same before finalizing the draft policy.
The writ petition stands disposed of as premature however with the above observations.
As Lock-down period is continuing for COVID-19, learned counsel for the parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587, dated 25.03.2020.
(Mohammad Rafiq) Chief Justice (Dr.B.R. Sarangi) Judge SKJ