Citation : 2023 Latest Caselaw 3015 AP
Judgement Date : 10 May, 2023
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.507 of 2023
(Through physical mode)
The Chittoor District Cricket Association,
Rep. by its Secretary, S. Ravi, S/o. late S. Pullaiah,
Aged about 49 years, R/o.D.No.21-3-4/A,
Chandrababu Naidu Colony, Beside Canara Bank,
Tirupati, Tirupati District, AP.
.. Appellant
Versus
Boys & Girls Cricket Association of Chittoor District,
Rep. by its President, Mada Srinivasulu,
# 1-4, Thummalagunta, Tirupati - 517502, and others.
.. Respondents
ORAL JUDGMENT Dt: 10.05.2023 (per Prashant Kumar Mishra, CJ)
This intra-court appeal under Clause 15 of the Letters Patent is
directed against the interim order dated 10.03.2023 passed by the learned
single Judge in W.P.No.5867 of 2023, suspending the order dated 10.01.2023
passed in Case No.9 of 2021 by the Ombudsman, Andhra Cricket Association,
Visakhapatnam, impugned in the writ petition, for a period of eight weeks.
By the said order dated 10.01.2023, while allowing the petition filed by the
appellant herein (respondent No.1 in the writ petition), the suspension of the
appellant as full member of Andhra Cricket Association was set aside and its HCJ & NJS,J
full membership in the said Association was restored, and further the full
membership granted to the Boys and Girls Cricket Association of Chittoor
District (writ petitioner) was set aside, with certain other directions.
2. The dispute brought before the learned single Judge is about the
jurisdiction of the Ombudsman to entertain the dispute between the appellant
and writ petitioner.
3. Mr. P. Gangaiah Naidu, learned Senior Counsel appearing for the
appellant, advanced arguments in support of the case of the appellant that
the Ombudsman has jurisdiction to entertain the subject dispute.
4. However, since the very core issue that falls for consideration in the
writ petition is concerning the jurisdiction of the Ombudsman to entertain the
subject dispute between the parties, we do not deem it appropriate to deal
with the said issue or express any opinion on the merits of the matter at this
stage.
5. At this stage, learned Senior Counsel would submit that the appellant
has filed an application to vacate the interim order under challenge and a
direction may be issued for deciding the said vacate stay application without
waiting for counter of the 2nd respondent.
6. Considering the entire fact situation of the case, we dispose of this writ
appeal, requesting the learned single Judge to decide the vacate stay
application preferred by the appellant herein on its own merits, as
expeditiously as possible.
HCJ & NJS,J
7. As a sequel, pending miscellaneous applications, if any, shall stand
closed. No costs.
PRASHANT KUMAR MISHRA, CJ NINALA JAYASURYA, J
IBL
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