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2011 Supreme(Pat) 1164
IN THE HIGH COURT OF PATNA
Shiva Kirti Singh, V. Nath, JJ.
S. Ejaz Hussain @ S. Ezaj Hussain aged about 73 years, S/o Late Mustafa Hussain, Resident of Hussain House, Pathar Ki Maszid, Tekari Road, P.S. Sultanganj District Patna and on behalf of Bihar Hockey Association through its Secretary S. Ejaz Hussain having its office at Hussain House, Tekari Road, P.S. Sultanganj, District Patna - PETITIONER –
Versus
Indian Hockey Federation a Society registered under Act 1860 through its President KPS Gill having its office at 8/40 South Patel Nagar, New Delhi & Ors. - RESPONDENTS
LPA No.38 of 2011
Decided on : 23.6.2011
For the Appellant :Mr A.P.Jittu, Advocate
For Respondents 1 to 3:M/s Y.V.Giri, Sr. Advocate & Raju Giri, Advocate
For Respondent 4:Mr Pranav Kumar, Advocate
The court's decision was influenced by the serious disputes regarding the validity of the disaffiliation notice and the appellant's argument regarding the imposition of costs.
Headnote:
Indian Hockey Federation - Disaffiliation Dispute - The court found serious disputes regarding the validity of the notice of disaffiliation and set aside the direction to pay costs.
Fact of the Case:
The appellant argued that the disaffiliation of the Association represented by the petitioner was without valid notice and suffered from legal infirmities. The appellant also contested the imposition of costs, citing the petitioner's poor health and lack of means.
Finding of the Court:
The court found serious disputes regarding the validity of the notice of disaffiliation and decided not to interfere with the dismissal of the writ petition on merits. However, the court set aside the direction to pay costs of Rs.20,000.
Issues: Validity of disaffiliation notice, imposition of costs
Ratio Decidendi: The court found serious disputes regarding the validity of the disaffiliation notice and decided not to interfere with the dismissal of the writ petition on merits. However, the court set aside the direction to pay costs.
Final Decision: The appeal was dismissed without interfering with the order of the Writ Court on merits, but the direction to pay costs of Rs.20,000 was set aside.
1. Heard learned counsel for the appellant and leaned counsel for the respondents and perused the order of the Writ Court under appeal.
2. Learned counsel for the appellant fairly submitted that the Indian Hockey Federation is no more on sound legal footing and its rival Hockey India is likely to get acceptance by the Central Government. He submitted that the Writ Court should have accepted the facts stated by the appellant on affidavit and should have held that disaffiliation of the Association represented by the petitioner i.e. Bihar Hockey Association was without valid notice and was suffering from legal infirmities.
3. On going through the facts noted by the Writ Court and on hearing the submissions of the parties, we find that there are serious disputes as to whether there was actually valid service of notice or not.
4. Learned counsel for the appellant has made a pointed attack upon the direction to the petitioner to pay a costs of Rs.20,000/- to the respondent. He has submitted that petitioner is an old man who is very sick and does not have sufficient means to pay such penalty and he was actuated to file the writ petition only for reviving the glory of Hockey in Bihar and India. He has further submitted that there was no deliberate suppression of any material facts and hence, at least the levy of costs upon the petitioner should be interfered with.
5. Having considered the issues arising before the Writ Court, we find that dismissal of the writ petition does not suffer from such error which may require interference. But in the facts of the case, we are of the view that imposition of costs needs to be interfered with. Accordingly, while dismissing the appeal without interfering with the order of the Writ Court on merits, the direction upon the appellant to pay costs of Rs.20,000/- is set aside.
