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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashutosh Kumar, Partha Sarthy
Nawal Kishore Singh Son of Late Alakh Narain Singh – Appellant
Versus
State of Bihar through the Principal Secretary, Prohibition, Excise and Registration Department – Respondent
JUDGMENT :
PARTHA SARTHY, J.
Heard learned counsel for the appellants and learned counsel for the respondents.
2. The instant appeal has been preferred by the appellants against the judgment dated 5.8.2024 passed in CWJC no.13405 of 2021 whereby the learned Single Judge taking note of the fact that the two retired District Judges namely Nawal Kishore Singh (appellant in LPA no.840 of 2024) and Paras Nath Roy, both continued to discharge function as Ombudsman, in exercise of powers under Article 226 of the Constitution of India, restrained both from functioning as Ombudsman and proceeded to appoint Hon’ble Shailesh Kumar Sinha, J (retired) as Ombudsman with the observation that the new Ombudsman will decide all the complaints made against the office bearers of the Bihar Cricket Association (‘BCA’ in short) in accordance with the bylaws of the BCA and he will also examine the complaints and decide the same in accordance with the rules and regulations of the BCA.
3. It is against this judgment dated 5.8.2024 that both Nawal Kishore Singh and the BCA through its Secretary, Ziaul Arefin have preferred the instant appeals.
4. The case of the writ petitioner/Secretary of the Cricket Associatio
A writ under Article 226 is maintainable against the BCCI, and internal disputes within the BCA should be addressed by the BCCI Ombudsman.
The High Court held that an Ombudsman cannot issue a direction to approach civil court without exercising its jurisdiction, particularly when a party fails to establish its claims.
Writ petitions for private contractual disputes are not maintainable under Article 226 of the Constitution, as they do not involve public law elements.
decision of the Ombudsman shall be final and binding and shall come into force forthwith on being pronounced and delivered.
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