V Veera Lankaiah vs Karampudi Gayathri
2021 Latest Caselaw 1701 AP

Citation : 2021 Latest Caselaw 1701 AP
Judgement Date : 23 March, 2021

Andhra Pradesh High Court - Amravati

V Veera Lankaiah vs Karampudi Gayathri on 23 March, 2021

Bench: Arup Kumar Goswami, C.Praveen Kumar

        HIGH COURT OF ANDHRA PRADESH : AMARAVATI


 HON'BLE Mr. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                            &
          HON'BLE Mr.JUSTICE C.PRAVEEN KUMAR


                     Writ Appeal No.180 of 2021

                      (Through video conferencing)


V.Veera Lankaiah, S/o Veeraiah,
Aged about 61 years,
Occ : Retired Rly. Employee,
Alleged Secretary AKA, R/o D.No.551/A,
Santhi Nagar, Guntakal,
Anantapur District, A.P. - 515801.                   ..    Appellant


                                Versus


Karampudi Gayathri, D/o Venkata Ramana,
Aged about 30 years, R/o No.15-15-17/3,
Buddavarapu Gardens, Collector Office godown,
Krishna Nagar, Visakhapatnam, Maharanipeta,
Visakhapatnam District & 25 others                   ..    Respondents


Counsel for the Appellant                :   Mr.M.S.Prasad, learned
                                             Senior Counsel


Counsel for Respondent Nos.1 to 20       :   Mr. Kanakala Devi
                                             Prasanna Kumar


Counsel for Respondent No.21             :   Mr. Harinath N., learned
                                             Assistant Solicitor General


Counsel for Respondent No.24             :   Mr. T.G.S.Srivastava,
                                             Standing Counsel

Counsel for Respondent
Nos.22, 23, 25 & 26                      :   --
                                       2




                             JUDGMENT

Dt : 23.03.2021

(per Arup Kumar Goswami, CJ)

1. Heard Mr. M.S.Prasad, learned Senior Counsel for the

appellant. Also heard Mr. Harinath N., learned Assistant Solicitor

General; Mr. T.G.S. Srivastava, learned Standing Counsel for the

Sports Authority of Andhra Pradesh; and Mr. Kanakala Devi

Prasanna Kumar, learned counsel for the Writ Petitioners.

2. Challenge in this Writ Appeal is to an interim order dated

17.03.2021, passed by the learned Single Judge in Writ Petition

No.6227 of 2021.

3. The order of the learned Single Judge reads as follows :

"Heard learned counsel for petitioners, Mr.T.G.S. Srivastava, learned Standing Counsel for respondent No.4 and Mr.K.Srinivas, learned counsel for respondent No.7.

The petitioners who are Kabaddi players at National Level and International Level filed the present writ petition aggrieved by the action of the respondents in not selecting the players for participation in 47th Junior National Kabaddi Championship - Boys & Girls scheduled to be held from 22.3.2021 to 25.3.2021 at Suryapet, Telangana and 68th Senior National Kabaddi Championship-Men scheduled to be conducted at Ayodhya, Uttar Pradesh from 13.4.2021 to 16.4.2021 as unjust, arbitrary and illegal.

Learned counsel for the petitioners, while pointing out that due to the dispute between respondent Nos.6 and 7, the players are not being selected and as a result of the same, the players are losing the opportunity to represent the State at National and International Levels, submits that on the earlier occasion the issue fell for consideration before this Court and by way of interim measure, orders were granted in Writ Appeal No.191 of 2019 dated 11.7.2019 and Writ Petition No.3257 of 2020 dated 11.2.2020. He submits that unless similar orders are passed, the players would suffer serious prejudice and irreparable loss.

Learned Standing Counsel, on the other hand, submits that respondent No.4 is not equipped with the procedure to select the players, and that the petitioners approached this Court at eleventh hour and they are not entitled for any indulgence by this Court. However considering the submissions made and perusing the earlier orders, this Court deems it appropriate to grant similar orders.

Accordingly, the respondent No.4 is directed to select best players available among the two contingents i.e., respondent Nos.6 and 7, subject to their fulfilling all other requirements like dope test etc., to participate in 47th Junior National Kabaddi Championship Boys & Girls scheduled to be held from 22.3.2021 to 25.3.2021 at Suryapet, Telangana and 68th Senior National Kabaddi Championship Men scheduled to be conducted at Ayodhya, Uttar Pradesh from 13.4.2021 to 16.4.2021. It is however made clear that participants cannot claim any equities and their participation is subject to result of the present writ petition.

List the matter after two weeks."

4. It is submitted by Mr.M.S.Prasad, learned Senior Counsel for

the appellant, that respondent No.6 is not recognized by the

respondent No.5 and respondent No.7 is the Secretary of the

recognized Andhra Kabaddi Association, but he is wrongly described

as alleged Secretary of the Andhra Kabaddi Association in the Writ

Petition.

5. He submitted that teams selected by Andhra Kabaddi

Association of which the appellant is the Secretary, as well as by the

Andhra Kabaddi Association (respondent No.6) represented by its

General Secretary, Yelamanchili Srikanth, should be allowed to

participate in the tournaments.

6. The learned Singled Judge has followed earlier interim order

of this Court in Writ Appeal No.191 of 2019, dated 11.07.2019,

wherein it was stated as follows :

"In order to avoid inconvenience and not to harm the morale of the players, we direct the Director, Sports Authority of Andhra Pradesh to choose best players available among the two contingents, subject to their fulfilling all other requirements like dope test etc., to participate in 66th Senior Women National Kabaddi Championship to be held from 11th to 14th July, 2019 at Patna, Bihar State.