Citation : 2024 Latest Caselaw 7497 Patna
Judgement Date : 22 November, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16555 of 2024
======================================================
Suresh Chandra Pandey S/o-Late Indradeo Pandey R/o- Mathiya Tola, P.S.-
Mathiya, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar, through Principal Secretary Art and Culture Department
Govt. of Bihar Old Secretariate Patna.
2. The Director, Art and Culture Department Govt. of Bihar Old Secretariate
Patna.
3. The Director General, Bihar State Sports Authority Moinul Haq Stadium
Rajendra Nagar Patna 800016.
4. The Union of India, Represented by The Ministry of Sports and Youth
Affairs, Sastri Bhawan, New Delhi 110001 represented by Secretary Spot.
5. The Secretary General, Indian Olympic Association (IOA, Olympic
Bhawan, B-29 qutab international area, opp, Rock Land Hospital, New
Delhi 110016.
6. The Dragon Boat India and Traditional Sports Federation (Formerly Known
as Dragon Boat Federation of India DBFI), Having Its office Address At
Koluthadi, Thathmpally, P.O., Alappuzha, Kerala, 688013, Represented by
its Secretary.
7. The Dragon Boat Federation of India, Having Its Registered office At 31,
Kalindi Colony, Phase-3 Yamuna Nagar Haryana and Head office At 404,
Udyog Vihar Phase-4 Sector 18, Gurugram, Vinod @ Vinod Verma aged
about 42 years, S/o late Sh. Gulab Singh, Resident at Flat No.-07, Second
Floor Ganesh Market Naharpur Sector-7 Rohini (Near PNB Bank) Delhi-
110085.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
Mr. Pravin Kumar, Advocate
For the Respondent/s : Mr. P. K. Shahi, Advocate General
======================================================
Patna High Court CWJC No.16555 of 2024 dt.22-11-2024
2/4
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-11-2024
The petitioner claiming to be a social worker
has filed the public interest litigation seeking inquiry into
the activities of the 6th respondent, a federation. Admittedly,
the 6th respondent and 7th respondent are engaged in various
litigations. A civil suit is seen to have been filed in which,
as per Annexure-1, an injunction has been issued against the
6th respondent in the State of Haryana, where the 7th
respondent is situated.
2. The 6th respondent has also filed a writ
petition before the High Court of Kerala against the 7 th
respondent seeking inclusion of a boat race as an event of
36 national games being held in Gujarat, in the year 2022.
The interim direction sought was declined finding prima
facie that the maintainability of writ petition on the question
of jurisdiction is suspect and also holding that a decision
regarding the inclusion of a sports item is within the realm
of policy.
3. Admittedly, the 6th respondent is a federation Patna High Court CWJC No.16555 of 2024 dt.22-11-2024
registered at Guwahati in the State of Assam and the 6 th
respondent is a federation registered in the State of
Haryana. The attempt of the petitioner is to settle the inter-
se disputes between the two federations, which in any event
cannot be maintained in a writ petition before this Court;
primarily for want of jurisdiction.
4. Further contention taken up is with regard to
the appointments made of certain persons, as per Annexure-
5, none of whom have been impleaded herein.
5. When the matter was taken up, none
appeared for the petitioner and we find the writ petition to
be a clear abuse of process of law.
6. We dismiss the writ petition with costs of
Rs.5000/- on the petitioner, payable to the Bihar State Legal
Services Authority. The said amount will have to be paid
within a period of two weeks, failing which the Bihar State
Legal Services Authority will be entitled to proceed for
recovery by taking measures similar to recovery of arrears
due on land through the District Magistrate, in which event
the petitioner shall also be liable for the charges incurred for
making such recovery, which have to be recovered by the Patna High Court CWJC No.16555 of 2024 dt.22-11-2024
State.
7. Let a copy of this judgment be transmitted to
the Member Secretary, Bihar State Legal Services
Authority.
8. The writ petition stands dismissed with
costs.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J) sharun/-
AFR/NAFR CAV DATE Uploading Date 26.11.2024 Transmission Date
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