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2015 Supreme(Raj) 1350

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Bela M.Trivedi, J.
Rajasthan Cricket Association & Ors. - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B. Civil Writ Petition No. 10833, 10877, 10878 of 2014.
Decided On : 11-02-2015

For the Petitioners:S.S. Hora, Sudhir Gupta and K.K. Sharma, Advocates.
For the Respondents:A.K. Sharma, R.N. Mathur, Parikshit Singh and J.R. Tantia, Advocates.

Headnote:A. Constitution of India, 1950 – Article 226 Writ petition was filed stating that the alternative remedy has lost its importance – Contended that the alternative remedy is time consuming, lengthy and also a very expensive process – It is because the trial of the Petitioner has gone a very long and lengthy period the alternative remedy has lost aliment significance.

       B. Constitution of India, 1950 – Article 226 Petitioner has failed to undertake the appropriate actions they had to take that was to take the help of the CRPC and to ask for trespass relief – The request of taking action against the SHO is denied also.

JUDGMENT

1. - All the three petitions involving similar issues were heard together and are being decided finally at the admission stage with the consent of the learned counsels for the parties, by this common order. The petition being SBCWP No. 10833/14 filed by the petitioners Rajasthan Cricket Association and others was heard as a lead case and the paper books have also been prepared and submitted in the said petition accordingly. The facts of the said petition therefore are taken for consideration for the sake of convenience. The petitioners had sought amendment in the said petition after filing of the replies by the respondents and as per the amended petition, following prayers have been sought in the said petition:-

"It is, therefore, humbly prayed that Your Lordships may be pleased to allow this writ petition and by issue an appropriate writ order or direction -

(i) direct the respondent no.1 to 3 to provide adequate security and protection to the office bearers and other executive committee members of petitioner no. 1 association so that they can take charge of the office of the association and day to day activities of the petitioner no. 1 association do not suffer.

(ii) direct the respondent no. 1,2 and 3 to restore the possession of RCA office situated in SMS Stadium, Jaipur to the office bearers of the petitioner no.1 association.

(iii) direct that an enquiry may be initiated against respondent no.3 the then SHO Police Station Jyoti Nagar Jaipur for aiding and abetting the breaking of the office gates and allowing wrongful possession of the office of the petitioner no. 1 to respondent no.4 to 6 and various other unauthorised persons and anti social elements.

(iv) direct that no interference shall be caused by respondent no.3 to 6 in the working of the office bearers of the petitioner no.1 association elected on 6.5.2014 and management of association by them.

(iv-a) declare the purported requisition dated 24.7.2014 (Annexure-9), requisition dated 13.9.2014 (Annexure-10), purported notice dated 6.10.2014 (Annexure-12) and purported minutes of meeting dated 11.10.2014 (Annexure-11) to be illegal, bad in the eyes of law, void and no nest and set aside the same.

(v) Any other order which this Hon'ble Court may deem fit in the facts and circumstances of the present case may kindly be passed in favour of the petitioners."

2. Case of the Petitioners2(i). As per the case of the petitioners, the petitioner No.1 is a State Level Association registered under the Rajasthan Sports Act, 2005 (hereinafter referred to as 'the said Act'). The petitioner No.2 is the President of the petitioner No.1 Association and also the President of Nagaur District Cricket Association. The petitioner No.2 has filed the petition through his constituted attorney Mr. Mehmood M. Abdi, who is also the petitioner No.5 herein. The petitioner No.3 is the Honorary Secretary of the petitioner NO.1 Association and also the Secretary of Dholpur District Cricket Association. The petitioner No.4 is the Honorary Treasurer of the petitioner NO.1 Association and also the Secretary of Alwar District Cricket Association. The petitioner No.5 is the Dy. President of the petitioner No.1 Association and also the President of Shriganganagar District Cricket Association. The petitioner No.6 is the Vice President of the petitioner NO.1 Association and also the Secretary of Bikaner District Cricket Association. The petitioner No.7 is the Vice President of the petitioner No.1 Association and also the Secretary of Jhunjhunu District Cricket Association. The petitioner No.8 is the Vice President of the petitioner No.1 Association and also the Secretary of the Churu District Cricket Association. The petitioner No.9 is the Joint Secretary of the petitioner No.1 Association and also the Secretary of the Banswara District Cricket Association. The petitioner No.10 is the Joint Secretary of the petitioner No.1 Association and also the Secretary of Shriganganagar District Cricket Association.








































































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