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 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.
"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."