Rajasthan High Court - Jaipur
District Cricket Association vs Deputy Registrar, Cooperative ... on 1 October, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1474/2019
In
S.B. Civil Writ Petition No.6523/2019
1. District Cricket Association, Sawaimadhopur Having
Address Opposite Girls School, Gangapur City,
Sawaimadhopur Through Its Secretary Deepak Raj.
2. Deepak Raj S/o Shri Giriraj Prasad, Aged About 40 Years,
Secretary, District Cricket Association, Sawaimadhopur,
Opposite Girls School, Gangapur City, Sawaimadhopur.
----Appellants
Versus
1. Deputy Registrar, Cooperative Societies Cum Registrar
Institution, Sawaimadhopur.
2. Ravindra Kumar Goyal, Deputy Registrar, Cooperative
Societies Cum Registrar Institution, Sawaimadhopur.
3. Dr. Sumit Garg, R/o Garg Hospital And Research Centre,
Near Bhairu Darwaja, City Sawaimadhopur.
----Petitioners-Respondents
For Appellant(s) : Shri S.S. Hora For Respondent(s) : Shri M.S. Singhvi, Advocate General assisted by Shri Sheetanshu Sharma, Shri Rajendra Prasad, Sr. Advocate assisted by Shri Karan Tibrewal, Shri S.S. Raghav, AAG HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment 01/10/2019 This appeal has been filed against the judgement of learned Single Judge dated 24.09.2019, whereby the writ petition filed by the appellants-District Cricket Association, Sawaimadhopur and Shri Deepak Raj, has been dismissed on the premise of alternative (Downloaded on 01/10/2019 at 09:14:26 PM) (2 of 3) [SAW-1474/2019] remedy available to the petitioners under Section 35 of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005.
Shri S.S. Hora, learned counsel for the appellants has submitted that despite availability of alternative remedy, identical writ petitions have been entertained at the Principal Seat, Jodhpur in the case of District Cricket Association, Dungarpur & Anr. vs. Deputy Registrar, Cooperative Societies & Ors., S.B. Civil Writ Petition No.9982/2019 with two connected writ petitions, whereby the learned Single Judge has passed the interim order staying the effect and operation of the order dated 5.7.2019 appointing the adhoc committee. Learned counsel has also cited the order dated 21.08.2019 passed at Principal Seat, Jodhpur in District Cricket Association, Jodhpur & Anr. vs. Inquiry Officer cum Block Co- operative Inspector & Ors., S.B. Civil Writ Petition No.12370/2019, in which also the effect and operation of two orders, including one appointing adhoc committee has been stayed.
Shri M.S. Singhvi, learned Advocate General has submitted that as of now there is no adhoc committee constituted in District Cricket Association, Sawaimadhopur and therefore the apprehension of the appellants is unfounded.
Perusal of the record indicates that the interim order dated 5.4.2019 passed in favour of the petitioners was subjected to challenge by one Dr. Sumit Garg, who filed D.B. Special Appeal (Writ) No.1194/2019. The division bench of this Court by order dated 20.08.2019 disposed of the appeal with the following observations:
"1. We have heard the learned counsel for the parties.(Downloaded on 01/10/2019 at 09:14:26 PM)
(3 of 3) [SAW-1474/2019]
2. The appellant's argument that an alternative efficacious remedy exists, is worthy of consideration; whether in the circumstances, an interim order was warranted or not, and prima facie merits of the contentions urged, are not reflected either in the original order, at the stage of issuing notice nor at the stage of rejection of application moved by the appellant for vacation of stay.
3. It goes without saying that if an alternative remedy does exists, that would be an important consideration for grant or refusal of the interim relief.
4. In these circumstances, the appeal is disposed of. The learned Single Judge shall consider and pass appropriate orders on the application moved by the appellant.
5. List the pending writ petition before Single Judge on 9.9.2019."
The division bench judgement of this Court in Dr. Sumit Garg, supra, which required the learned Single Judge to consider the argument of alternative remedy as an important consideration for grant or refusal of the interim relief. Considering aforesaid, the learned Single Judge appears to have decided the main writ petition, relegating the appellant-writ petitioners to the remedy of appeal. The orders cited by the learned counsel for the appellants in different Single Benches of this Court at Principal Seat, Jodhpur as referred to above, which are interlocutory in nature, cannot be cited as precedent.
Having regard to the limited nature of dispute, we deem it appropriate to dispose of the appeal, with direction to the appellants to file the appeal and the appellate authority to decide the appeal within seven days of its filing, during which period, the respondents are restrained from constituting adhoc committee with regard to District Cricket Association, Sawaimadhopur.
The appeal is disposed of accordingly.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),Acting CJ RAVI SHARMA /86 (Downloaded on 01/10/2019 at 09:14:26 PM) Powered by TCPDF (www.tcpdf.org)