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Andhra Pradesh High Court
Judges : ELIPE DHARMA RAO
CHESS ASSOCIATION OF HYDERABAD DIVISION - Appellant
Versus
GGovernment Of A.P., REP.BY SECRETARY, MINISTRY OF SPORTS AND GAMES - Respondent
Decided On : 10-17-02
Civil Matter- Civil Law - Statute under Act IV, 1988 - Section 18 - Section 17 - Section 21 - Section 22 - section 4 - Petitioners contend in affidavit that 2nd respondent is diverting its funds to 3rd respondent for conducting II World Cup Chess Tournament, 2002 - It is further alleged that 3rd respondent which is an unofficial organization cannot be encouraged by 1st and 2nd respondents to conduct Tournament, at cost of public and contra to provisions of act - It is also stated that 3rd respondent came forward with a proposal to conduct II World Cup Chess Tournament at ramoji Film City and approached - First respondent to provide funds to it and 1st respondent readily agreed to do so, which is reported in Hindu English Daily and Honorable Chief minister agreed to act as Chairman of Organizing Committee of The World chess Cup Tournament, 2002, to be conducted by 3rd respondent in Ramoji film City, Hyderabad - According to petitioners, Honorary Secretary, p. T. Omer Koya, budget for said tournament is about crores and it might be up to 5 crores, as major chunk of it could be spent on publicity and total prize money in World Cup - It is further stated that Honorable Chief Minister has agreed to lend his support in hosting World Cup chess Tournament at Ramoji Film City, Hyderabad - It is further submitted that chairman of first petitioner submitted a representation to honorable Chief Minister requesting him not to lend his name and not to release funds for conduct of World Chess tournament to be conducted by third respondent and further requested him to consider desirability of A. P. Chess association and Sports Authority to conduct World Cup Chess Tournament in collaboration with 3rd respondent on behalf of A. P. State, which was not considered - Petitioner has addressed DO letter dated to first respondent and then to second respondent, for affiliation of 1st petitioner and for involving them in conduct of World Chess Cup – 2002 - Petitioners were informed that third respondent is Governing Body in all matters connected with Chess in country and it is right body to respond to their suggestion and were thus advised to address to National Federation - No where in affidavit, petitioners have stated that they have addressed or approached third respondent - National federation for affiliation so as to enable them to participate in World Chess Cup tournament – 2002 - Instead of approaching National Federation, petitioners have rushed to this court, without any material to substantiate allegations made in affidavit, and filed this writ petition – Held, Court hold that Government has got power to control activities of second respondent under provisions of Sections 16, 17,18, 21 and 22 of the Act; that there is no piece of evidence to show that 1st and 2nd respondents have diverted their funds to third respondent to conduct II World Cup Chess tournament - 2002 and that news items relied on - Petitioners as base for filing this writ petition cannot be treated as evidence at all - Petitioners are not right in contending that at instance of private party - Third respondent herein, State government has agreed to divert its funds and hosted tournament - It is evident from material on record that third respondent is not a private party and there is participation of State of Andhra Pradesh, its sport Authority and third respondent - As stated earlier, petitioners have filed this writ petition based on news items appearing in The Hindu, an English daily and Vartha, a Telugu daily without verifying truth or otherwise of news items levelling reckless and unfounded allegations against respondents 1 and 2 - Therefore, Appeal Dismissed .
( 1 ) THE CHESS ASSOCIATION OF HYDERABAD DIVISION, represented by its President, b. Madhusudhan Reddy and six other district Chess Associations, viz. , Medak district Chess Association, Sangareddy, represented by its General Secretary g. Satyanarayana; Rangareddy District chess Association, Borabanda, Hyderabad, represented by its General Secretary, C. Bapi reddy; Khammam District Chess association, Kothagudem, Khammam, represented by its General Secretary, ch. Gopi Krishna; Nalgonda District Chess association, Nalgonda, represented by its general Secretary, Ch. Venkateswarlu; mahboobnagar District Chess Association, achampet, Mahaboobnagar, represented by its President, J. Ramalaxmaiah and hyderabad District Chess Association. L. B. Stadium, Hyderabad, represented by its president, K. Kanna Reddy which are registered societies, filed this writ petition against the Government of Andhra Pradesh, ministry of Sports and Games, the sponsor of the II World Cup Chess Tournament, 2002 at Ramoji Film City, Hyderabad, stating that the Sports Authority of Andhra Pradesh is a body corporate and is a creature of Act IV of 1988 (A. P. Sports Authorities Act) and its chief Executive is Vice-Chairman and managing Director. Under the Act, District sports Authority and Mandal Sports authority are created. The Act further created A. P. Sports Council to include such other bodies as may be notified.
( 2 ) ACCORDING to the petitioners, the Sports authority of Andhra Pradesh is the principal policy formulating body and shall have the powers and functions specified in section 4 of the Act, which include approval of the sports calendar of the State, approval of the proposals received from the District sports Authorities, to implement all the sports programmes of Government of India, sports Authority of India and Nethaji subash National Institute of Sports, Patiala, through the District Authorities and Mandal authorities. It also includes augmentation of the income of the Sports Authority by conduct of tournaments, matches, tests and other sports events and arranging for sale of tickets in connection therewith, but does not empower the Sports Authority to part with its income to any third party, much less the third respondent herein - All India Chess federation, represented by its Honorary secretary, P. T. Omer Koya, enabling it to conduct World Chess Championship in ramoji Film City, Hyderabad, in October, 2002 at the cost of the second respondent. It is further stated by the petitioners that under section 16 of the Act, the Sports Authority shall function under the general supervision of the Government. Section 17 of the Act deals with funds of the Sports Authority, which says that the Sports Authority, district Authority and Mandal Authority shall have their own funds, from the sources mentioned in Section 17. Section 18 empowers the Authorities to borrow funds, subject to the previous sanction of the government and provisions of the Act and such conditions as may be prescribed. Under Section 21 of the Act, the Government is empowered to cause an inspection to be made by such person or persons, as they may direct to the affairs and properties of any Sports Authority, its building, stadia, indoor-stadia, swimming pools, play fields and the site and also to cause an enquiry to be made into the matter connected with the said authorities and under Section 22 of the act, the Government may give such directions to any Authority constituted under the Act, as it may consider necessary in the interest of sports and games or physical education.
( 3 ) THE petitioners contend in the affidavit that the 2nd respondent is diverting its funds to the 3rd respondent for conducting the II World Cup Chess Tournament, 2002. It is further alleged that the 3rd respondent which is an unofficial organisation cannot be encouraged by the 1st and 2nd respondents to conduct the Tournament, at the cost of public and contra to the provisions of the act. It i
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