Andhra Pradesh High Court - Amravati

Kodali Pitcheswara Rao K.P. Rao, vs Union Of India on 28 January, 2021

Bench: Arup Kumar Goswami, C.Praveen Kumar

   

(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI _

(Special Original Jurisdiction)

THURSDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE
:PRESENT:

THE HONOURABLE THE CHIEF JUSTICE SRI ARUP KUMAR GOSWAMI
AND
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

W.P.(PUBLIC INTEREST LITIGATION) NO: 18 OF 2021
Between:

Kodali Pitcheswara Rao @ K.P. Rao, S/o. Late K. Venkata Ratnam, aged about 68
years, Occ Former Secretary, AP Kabaddi Association, R/o. 101-A, Potluri Residency,
Commercial Tax Colony, Road No.2, Ratnanagar, Vijayawada - 520007, A.P., Aadhar
No.965358684676, Mobile No.9030646464

AND

. Union of India, Youth and Sports Department, Sastry Bhavan, New Delhi-1

2. The State of Andhra Pradesh, , Rep. by its Principal Secretary, Youth and Sports
Department, Secretariat, Velagapudi, Amaravati, Guntur District, A.P.

3. The State of Andhra Pradesh, Rep. by its Special Principal Secretary, Revenue
Department (Registration and Stamps), Secretariat, Velagapudi, Amaravati,
Guntur District, A.P.

4. Vice Chairman and Managing Director, Sports Authority of Andhra Pradesh,
IGMS Stadium, M.G. Road, Vijayawada 10, A.P.

5. Amateur Kabaddi Federation of India, Rep. by Lr. Administrator, E-386, B
Greater Kailash Part-1, New Delhi - 110048.

6. The Commissioger and Inspector General, Registration and Stamps, Edupugallu,
Penamalur Mandal, Krishna District, A.P.

7. The Indian Olympic Association, B.29, Qutab Institutional Area, New Delhi -
110016.

=

WHEREAS the above named through his Advocate Sri.G.Tuhin Kumar presented this pleased to issue a Writ, Order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 5th respondent in failing to constitute the Andhra Kabaddi Association by implementing the Order, dt.17.01.2019 which clearly states that the elections to be conducted in under the supervision of retired High Judge or retired District Judge in terms of Hon'ble Delhi High Court Judgment in compliance with the Sports Code and Model Election Guidelines as illegal, arbitrary, unconstitutional, violative of the National Sports Code of India 2011 and the circular dated 02.07.2018 by the 1st respondent and violative of 14, 19 of the Constitution of India and consequently

(a) this Hon'ble Court may be pleased to forthwith nominate an Administrator (Retired High Court Judge) to look into and take care of the promotion, improvement and development of Kabaddi game for the benefit of the vibrant aspiring players by -- implementing the National Sports Code, 2011 as was done by the Hon'ble Division Bench of Delhi High Court in W.P.(C) No.4601/2013, dated 03.08.2018. .

(b) to direct the Respondent No.6 to take steps not to register and encourage any Association dehors the Societies Registration Act and the. Preamble, Name and Logo

AKFi, New Delhi.

(c) to further direct the Sports Authority of A.P. to ensure elections to all the District Associations as per the directions issued by the Administrator to be nominate by this Hon'ble Court.

the District Kabaddi Associations as per the AP Sports Code and to conduct the Kabaddi Sport by widely inviting applications by advertising in vernacular languages in - leading news papers so that Opportunity will be provided to all the Kabaddi players aspiring to represent District level and State level.

(€) to direct the Administrator to appoint only woman coach to lead the woman team

for all purposes as adumbrated in the Code;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.G.Tuhin Kumar Advocate for the. Petitioner, Sri.N.Harinath, learned Assistant Solicitor General for R spondent No.1, GP for Sports for Respondent No.2, GP for Registration & Stamps for Respondent Nos.3 & 6, Sri T.G.S.Srivastav, Standing Counsel for Respondent No.4,directed issue of notice to the Respondents herein to show cause as to why this PUBLIC INTEREST LITIGATION should not be admitted. .

You viz:

1. The Secretary, Union of india, Youth and Sports Department, Sastry Bhavan, New Delhi-1

2. The Principal Secretary, Youth and Sports Department, State of Andhra Pradesh, Secretariat, Velagapudi, Arnaravati, Guntur District, A.P.

3. The Special Principal Secretary, Revenue Department (Registration and Stamps), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District, A.P.

4. Vice Chairman and Managing Director, Sports Authority of Andhra Pradesh, IGMS Stadium, M.G. Road, Vijayawada10, A.P.

8. The Lr. Administrator, Amateur Kabaddi Federation of India, E-386, B Greater Kailash Part-1, New Delhi - 110048. " '

6. The Commissioner and Inspector General, Registration and Stamps, Edupugailu, Penamalur Mandal, Krishna District, A.P.

7, The Indian Olympic Association, B.29, Qutab Institutional Area, New Delhi - 110016.

are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted before 09.04.2021, on which date the case stands posted for hearing.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 5 and 6 to dispose of the representation filed by the petitioner latest being dated : 22.12.2020 and 28.12.2020 respectively in the interest of justice, pending disposal of this WP(PIL) No.18 of 2021, on the file of the High Court.

if if of

' THE COURT MADE THE FOLLOWING ORDER:

(Taken up through video conferencing)

Issue notice before admission returnable in ten weeks.

Mr.G.Tuhin Kumar, learned counsel for the petitioner, will serve notice on

respondents No.1 to 4 and 6 through their respective counsel.

Steps to serve notice to respondents Nos.5 and 7 by registered post with

acknowledgement due.

To,

_ Registry will list the case after ten weeks.

Sd/-K.TataRao ASSIS TAL? aT F

IfTRUE COPY// / SECTION OFFICER

. The Secretary, Union of India, Youth and Sports Department, Sastry Bhavan,

New Delhi-1

. The Principal Secretary, Youth and Sports Department, State of Andhra Pradesh,

Secretariat, Velagapudi, Arnaravati, Guntur District, A.P.

The Special Principal Secretary, Revenue Department (Registration and Stamps), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District, A.P.

Vice Chairman and Managing Director, Sports Authority of Andhra Pradesh, IGMS Stadium, M.G. Road, Vijayawada10, A.P.

The Lr. Administrator, Amateur Kabaddi Federation of India, E-386, B Greater Kailash Part-1, New Delhi - 110048.

The Commissioner and Inspector General, Registration and Stamps, Edupugallu, Penamalur Mandal, Krishna District, A.P.

The Indian Olympic Association, B.29, Qutab Institutional Area, New Delhi - 110016. (1 to 7 by RPAD- along with a copy of petition and affidavit)

One CC to Sri.G.Tuhin Kumar Advocate [OPUC]

One CC to Sri.T.G.S.Srivastav, Standing Counsel [OPUC]

10. Two CCs to GP for Sports, High Court of A.P. (OUT)

11.One spare copy

SRL

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HIGH COURT |

HCJ & CPKJ