District Cricket Association vs State Of Rajasthan
2021 Latest Caselaw 2795 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14492/2019

1. District Cricket Association, Jodhpur Through Its Secretary, Ashok Gehlot S/o Mohan Lal Ji, Aged About 65 Years, R/o Paota Ist Polo, Jodhpur.

2. Laxman Khetani S/o B.r. Khetani, Aged About 67 Years, President, District Cricket Association, Jodhpur, R/o 23/24, Khetani Bhawan, Sindhi Colony, Shastri Nagar, Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through Registrar, Cooperative Societies - Cum - Registrar Institution, Nehru Sahakar Bhawan, 22 Godown Circle, Bhawani Singh Road, Jodhpur.

2. Inquiry Officer - Cum - Block Cooperative Inspector, Pipad City/bilara, Sahakar Bhawan, Opposite Railway Station, Jodhpur.

3. Deputy Registrar, Cooperative Societies - Cum - Registrar Institution, Sahakar Bhawan, Opposite Railway Station, Jodhpur.

4. Rajasthan Cricket Association, Through Its Secretary, North Pavilion, Sms Stadium, Jaipur.

                                                                    ----Respondents


For Petitioner(s)            :      Mr. Vineet R Dave
For Respondent(s)            :      Mr. Sandeep Shah, AAG
                                    Mr. Manoj Bhandari and
                                    Mr. VD Vaishnav for applicant



                         JUSTICE DINESH MEHTA

                                    Judgment

02/02/2021

1. By way of present writ petition, petitioners have challenged

the notice dated 17.08.2019 and orders dated 16.08.2019 and

20.08.2019 respectively.

(2 of 3) [CW-14492/2019]

2. It is the contention of the petitioners herein that, they are

the members of the District Cricket Association and the

respondent-Registrar has initiated the inquiry and passed

impugned orders without issuing any notice to them.

3. Learned counsel for the parties are ad-idem that the order

and the notice aforesaid were challenged by one Ram Prakash

Choudhary in the capacity of Secretary of the District Cricket

Association by way of writ petition being SBCWP No.12370/2019,

and the said writ petition has been allowed recently by this Court

on 22.01.2021 while observing thus:-

"In view of limited prayer made by the counsel for the peititioner and taking into consideration the fact that sufficient opportunity of hearing was not granted to the petitioner, the impugned order dated 20.08.2019 is set aside and the matter is remanded back to the respondent No.3- Deputy Registrary, Cooperative Societies cum Registrar Institution, Jodhpur with the direction to decide the matter afresh after granting an opportunity of hearing to the petitioner. Petitioner may now submit reply to the notice on or before 05.02.2021 and appear before the concerned authority on 10.02.2021."

4. Mr. Sandeep Shah, learned AAG, appearing for the

respondents-State submits that as a matter of fact the present

writ petition has been rendered infructuous, as the order

impugned in the present writ petition, has already been quashed

by this Court vide judgment dated 22.01.2021 referred

hereinabove.

5. Mr. Dave, learned counsel for the petitioners, however,

maintains that may be, the order impugned has been quashed,

but the petitioners' basic contention, that they are true

representatives of District Cricket Association, Jodhpur, has not

yet been adjudicated upon and the same needs to be considered

and decided by this Court.

(3 of 3) [CW-14492/2019]

6. Having regard to facts and circumstances of the present case

as noticed above, this Court is of the view that the present writ

petition has been rendered infructuous, inasmuch as the order

impugned herein has already been quashed by Co-ordinate Bench

of this Court, vide its order dated 22.01.2021.

7. Mr. Shah, learned AAG, appearing for the respondents Nos.2

and 3 - Registrar, fairly submits that since the proceedings will be

conducted de novo in pursuance of the order dated 22.01.2021,

the Registrar will hear petitioners' viewpoint also of course if they

move an application for being impleaded as a party.

8. The present writ petition is, therefore, disposed of as having

become infructuous, while observing that the petitioners shall

have right to move appropriate application before the

Registrar/Deputy Registrar (competent authority) Cooperative

Society before 10.02.2021. In case application is filed, the

competent authority shall consider and decide the same on its

own merit and, thereafter, decide the issue pending before him in

accordance with law.

9. Stay application also stands disposed of.

(DINESH MEHTA),J 101-Rahul/-

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