Supreme Court - Daily Orders
H.P Cricket Association vs State Of H.P on 14 March, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 3888-3889 OF 2014
(Arising out of SLP(C)Nos.2865-2866/2014)
H.P CRICKET ASSOCIATION & ANR APPELLANTS
VERSUS
STATE OF H.P & ORS RESPONDENTS
O R D E R
Leave granted.
Aggrieved by a common order in CMP Nos. 20008/2013 and 20010/2013 in CWP No. 8662 of 2013 with CWP NO. 8746 of 2013, the applicants in above mentioned applications preferred the instant appeals in so far as the order went against them.
The matter pertains to allotment of land by the State of Himachal Pradesh in favour of first appellant (originally registered as a Society) on 15.9.2001 the terms of the allotment are evidenced by document dated 29.7.2002. In the year 2005, State of Himachal Pradesh passed an Act known as Himachal Pradesh Sports (Registration, Recognition and Regulation of Associations) Act, 2005 under which it appears that there was a proposal to take over the management of the appellant society. On 14.7.2005, the appellant society came to be registered as a Company under Section 25 of the Companies Act.
An order dated 26th October, 2013 cancelling the grant of the land referred to earlier came to be issued by the State. Consequent upon which the Registrar of the Cooperative Societies issued another order dated 28th October, 2013 in substance proposing to examine the legality of the conversion of the appellant which was originally registered as a society into a Company.
Challenging two proceedings dated 28th October, 2013 and 26th October, 2013 referred to above, the appellants herein filed writ petition no. 8662 of 2013. During the pendency of the writ petition, the appellants filed two CMP Nos. 20008 and 20010 of 2013 for impleading certain respondents including the Chief Minister of State of Himachal Pradesh as a party and for amending the writ petition respectively. By the order under appeal, the application for amendment is allowed while the High Court dismissed the application for impleading the new parties to the writ petition.
It appears, subsequent to the filing of the above mentioned writ petition, the order dated 26th October, 2013 itself came to be cancelled by the State of Himachal Pradesh prima facie rendering the writ petition no. 8662/2013 insofar as it pertains to prayer no. 1 is concerned, infructuous. However, in sofaras the other prayers are concerned, the writ petition is still alive and is required to be adjudicated.
In the meanwhile, respondent nos. 1, 3 to 10 filed an application CWP no. 8662/2013 in the High Court seeking a clarification of the order which is under appeal before us.
We cannot escape from noticing the fact that the writ petition has heavy political overtonnes. Be that as it may, CWP no. 8662 of 2013 is filed by the respondents seeking elaborate clarifications while it is the case of the appellants that in view of the amended pleadings, the Chief Minister of the State is a necessary party and the adjudication of the writ petition is not possible without impleading him as a party to the writ petition.
Having regard to the above mentioned factual background of the litigation, we deem it proper to set aside the order under appeal and call upon the High Court to examine CMP Nos. 20008/2013 and 20010/2013 in CWP No. 8662 of 2013 afresh after affording an opportunity to all the parties concerned and dispose of the same. We make it clear that it is open to all the parties to urge before the High Court all such grounds as may be available to them in law.
The appeals stand disposed of accordingly.
................J. [DR. B.S. CHAUHAN] .................J. [J. CHELAMESWAR] NEW DELHI MARCH 14, 2014 ITEM NO.37 COURT NO.3 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).2865-2866/2014 (From the judgement and order dated 08/01/2014 in CWP No.8662/2013,CMP No.20008/2013,CMP No.20010/2013 of The HIGH COURT OF H.P AT SHIMLA) H.P CRICKET ASSOCIATION & ANR Petitioner(s) VERSUS STATE OF H.P & ORS Respondent(s) (With appln(s) for permission to file synopsis and list of dates and with prayer for interim relief and office report) Date: 14/03/2014 These Petitions were called on for hearing today.
CORAM :
HON’BLE DR. JUSTICE B.S. CHAUHAN HON’BLE MR. JUSTICE J. CHELAMESWAR For Petitioner(s) Mr. P.S. Patwalia, Sr. Adv.
Mr. Abhinav Mukerji,Adv. Ms. Bihu Sharma, Adv.
Ms. Purnima Krishna, Adv.
For Respondent(s) Mr. Rajeev Dhavan, Sr. Adv.
Mr. Abhishek Manu Singhvi, Sr. Adv. Mr. Suryanarayana Singh, AAG Ms. Pragati Neekhra,Adv.
UPON hearing counsel the Court made the following O R D E R Leave granted.
The appeals stand disposed of in terms of the signed order.
(Deepak Mansukhani) (M.S. Negi)
Court Master Assistant Registrar
(Signed order is placed on the file)