Karnataka High Court
Mr Sandhu Gregory vs State Of Karnataka on 11 April, 2019
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF APRIL 2019
PRESENT
THE HON'BLE MR. L.NARAYANA SWAMY
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT APPEAL NO.979/2019 (GM-RES)
BETWEEN:
MR.SANDHU GREGORY
S/O.PARAM PAL SINGH SANDHU
AGED ABOUT 50 YEARS
R/AT NO.T/2
CRYSTAL VIEW APARTMENT
NO.62, ST. JOHNS ROAD
BANGALORE-560 042 ...APPELLANT
(BY SRI K.SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR
SRI PAVAN G.N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
CHIEF SECRETARY
VIDHANA SOUDHA
DR.B.R.AMBEDKAR ROAD
BENGALURU-560 001
2. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA
FINANCE DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560 001
3. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA
DEPARTMENT OF HOME
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VIDHANA SOUDHA
BENGALURU-560 001
4. BANGALORE TURF CLUB LTD.
NO.52, RACE COURSE ROAD
BENGALURU-560 001
REPRESENTED BY ITS SECRETARY
MR.PRADEEP KUMAR G.
5. MINISTRY OF ENVIRONMENT
AND FOREST
GOVERNMENT OF INDIA
NEW DELHI-110 003
6. NATIONAL DOPE TESTING
LABORATORY
MINISTRY OF YOUTH AFFIARS &
SPORTS, GOVERNMENT OF INDIA
JAWAHARLAL NEHRU STADIUM
COMPLEX, EAST GATE NO.10
NEAR MTNL BUILDING
LODHI ROAD
NEW DELHI-110 003
7. CHIEF STIPENDIARY STEWARD
BANGALORE RACE CLUB LIMITED
RACE COURSE ROAD
BENGALURU-560 051 ...RESPONDENTS
(BY SRI Y.H.VIJAY KUMAR, PRINCIPAL GOVERNMENT ADVOCATE
FOR R1 TO R3;
SRI S.S.NAGANAND, SENIOR COUNSEL FOR
SRI S.SRIRANGA, ADVOCATE FOR C/R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURTS ACT, 1961 PRAYING TO SET ASIDE
THE ORDER DATED 25.02.2019 PASSED BY THE LEARNED
SINGLE JUDGE IN WP.NO.2986/2019.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE ACTING CHIEF JUSTICE, DELIVERED
THE FOLLOWING:
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JUDGMENT
Petitioner-appellant has preferred this appeal challenging order dated 25.02.2019 passed by the learned Single Judge in WP.No.2986/2019.
2. Learned Counsel for the appellant in support of this appeal has relied upon the order dated 04.07.2018 passed by this Court in WP.No.21565/2018, wherein this Court has referred to the judgment of the Hon'ble Supreme Court in the case of BCCI vs. CRICKET ASSOCIATION OF BIHAR & OTHERS reported in (2015)3 SCC 251, whereunder it has been held that Cricket Control Board of India is an instrumentality of the State catering to the requirement of the public at large and as such, said institution is amenable to writ jurisdiction.
3. Learned Senior Counsel for respondent submits that the judgment relied upon by the learned Counsel for the appellant is not applicable to the present case and the reasons assigned therein are not sound and proper.
4. We have heard the learned Counsel for the parties. -4-
5. The order in the writ petition discloses that none had appeared on behalf of the petitioner. Hence, the learned Single Judge by extracting prayers made in the petition and after referring to the order dated 24.06.1987 passed by the learned Single Judge in WP.No.130/1987, which has been upheld by the Division Bench of this Court by the order dated 24.11.1987 in WA.No.1106/1987, has dismissed the petition.
In view of the above, we deem it appropriate to remit the matter to the learned Single Judge to reconsider and to pass appropriate orders. The writ petition is restored to file with a request to the Hon'ble Single Judge to consider the matter on merits. The appeal is accordingly disposed of.
In view of disposal of the appeal, IA.No.1/2019 does not survive for consideration and the same stands disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE LB