Patna High Court - Orders
The State Of Bihar & Ors vs Bihar Cricket Association &Anr on 13 May, 2010
Author: Dipak Misra
Bench: Dipak Misra
IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.425 of 2010
THE STATE OF BIHAR & ORS
Versus
BIHAR CRICKET ASSOCIATION &ANR
with
CWJC No.13668 of 2009
BIHAR CRICKET ASSOCIATION &ANR
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6650 of 2009
SHRI PREM RANJAN PATEL
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.6652 of 2009
ASSOCIATION OF BIHAR CRICKET & ANR.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.338 of 2006
ASSOCIATION OF BIHAR CRICKET
Versus
THE BOARD OF CONTROL FOR CRICKET IN INDIA
with
CWJC No.7117 of 2009
SARAN DISTRICT CRICKET ASSOCIATION
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.2012 of 2009
SARAN DISTRICT CRICKET ASSOCIATION
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.7491 of 2008
SARAN DISTRICT CRICKET ASSOCIATION
Versus
THE BOARD OF CONTROL FOR CRICKET IN INDIA
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4. 13.5.2010Mr. Jitendra Singh, learned Senior counsel 2 appearing for the Board of Control for Cricket in India, submitted that he will file a comprehensive affidavit clarifying the queries made by the order dated 12.4.2010 by 30th June, 2010.
At this juncture, Mr. Ajit Kumar Sinha, learned Senior counsel, brought to our notice an order dated 7.4.2010 passed by the learned Single Judge in C.W.J.C.No. 7491/2008.
Be it noted, the said case has been tagged with the Letters Patent Appeal for better appreciation of the facts and issues raised. In the aforesaid writ petition Mr. Jitendra Singh, learned Senior counsel appearing for the BCCI, has stated that the resolution dated 8.3.2008 is under active consideration of the BCCI for final decision to be taken thereon. Mr. Singh fairly stated that the BCCI has already undertaken the exercise and a final decision shall be taken in quite promptitude.
In view of aforesaid, we would like the BCCI while filing the comprehensive affidavit shall focus on the orders passed on 7.4.2010 and make a categorical assertion in this regard.
Rejoinder affidavit, if any, shall be filed 3 within ten days there from.
This Court hopes and trusts that the BCCI which is the helm of managing the life and spirit of the cricket throughout this Country should objectively appreciate the unfortunate situation prevailing in the State of Bihar and take an appropriate decision so that a proper representation is made from this State in the game.
It is apt to note that the game may be called a game of golden uncertainty but there has to be acceptable certitude with regard to the rules of the game by which we mean in the process of grant of membership. Regard being had to the fact that the State of Bihar has its own prominence in this Country and there has been a time when, as would be submitted by Mr. Satyavir Bharti, number of players had represented in many prestigious tournament including One Day International and Test cricket.
Learned counsel for the parties in the greatest tradition of the Bar shall exchange the pleadings within three days.
Be it noted, by the earlier order C.W.C.J.No. 4 7419/2008 was directed to be listed before the Division Bench. It is submitted by Mr. Sinha that the correct number of the writ petition is C.W.J.C.No. 7491/2008. When the matter was brought to our notice on the earlier occasion a direction was issued to list the said writ petition alongwith the other connected matters and accordingly, it is so listed and tagged with this bunch.
Needless to say by virtue of this order C.W.J.C.No. 7120/2009 shall stand delinked from this batch of cases.
Matter be listed on 15th of July, 2010. The present batch of cases shall not be treated as part heard.
Registry is directed to mention that the matter shall be taken up at 2 P.M. A free copy of the order passed today be handed over to Mr. Kamal Kishore Singh, learned instructing counsel to Mr. Jitendra Singh to do the needful in the matter.
(Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/ 5