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DEVASHIS BARUAH
Manabedra Kumar Sarma – Appellant
Versus
Board Of Control For Cricket In India Represented By Its Chairman – Respondent
JUDGMENT :
Heard Mr. A. C. Borbora, the learned senior counsel assisted by Mr. B. P. Borah, the learned counsel for the petitioners in WP(C) No.4834/2020 and WP(C) No.3891/2020 and Mr. N. K. Kalita, the learned counsel appearing on behalf of the petitioner in WP(C) No.5220/2021. Also heard Mr. D. Das, the learned senior counsel assisted by Mr. B. Gogoi, the learned counsel appearing on behalf of the Assam Cricket Association (ACA) and Mr. S. Khound, the learned counsel appearing on behalf of the Board of Control for Cricket in India (‘BCCI’)
2. Briefly stated, all the three writ petitions are filed claiming a writ in the nature of mandamus directing the concerned respondents to pay their contractual dues. For the purpose of deciding the dispute, this Court would like to state briefly the facts involved in each of the writ petition.
WP(C) No.3891/2020
3. This writ petition was filed by the petitioner which is a proprietorship firm claiming an amount of Rs.3,67,15,187.30p along with interest for the works done in the interior section of Barsapara Cricket Stadium pursuant to work orders issued by the ACA. It is the case of the petitioner that three work orders were issued by the Secretary
Writ petitions for private contractual disputes are not maintainable under Article 226 of the Constitution, as they do not involve public law elements.
Point of law : Remedy under Article 226 of the Constitution of India would be available against an authority or a person only when twin tests are satisfied. The authority or the person should not onl....
A writ under Article 226 is maintainable against the BCCI, and internal disputes within the BCA should be addressed by the BCCI Ombudsman.
A private body must be found to be discharging a public function closely related to functions performed by the State in its sovereign capacity to be amenable to the writ jurisdiction of the Court und....
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