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.

ORDER :

Nagesh Bheemapaka, J.

1. Heard Sri M. Hareesh Kumar, learned counsel for Petitioner, Sri V. Rajender Rao, learned counsel for Respondent No. 2 – Hyderabad Cricket Association (HCA) and K. Sathakarni, learned counsel for Respondent No. 3 – Commercial Taxes Cricket Club.

2. Writ Petition No. 22361 of 2025 is filed aggrieved by the action of HCA in not recognizing Petitioner Club as their rightful and legitimate affiliated Club based on the Order dated 29.11.2024 in Case No. 6 of 2024 of the Hon'ble Ethics Officer and Ombudsman Additional Charge, despite Petitioner's continuous affiliation, participation in league tournaments, payment of requisite fees and compliance with all norms since its inception in 1986.

3. Writ Petition No. 37950 of 2025 is filed aggrieved by the Order of the Ombudsman Additional Charge of Respondent No. 2 dated 29.11.2024 in Case No. 6 of 2024 which refused to exercise the jurisdiction as per the Memorandum of Association and Rules and Regulations of Hyderabad Cricket Association- 2018 of Respondent No. 2 and directing the parties to approach the Civil Court, (which direction could not have been passed against the Petitioner herein as it was the Respondent in Case No. 6 of 2024). They also sought a declaration that action of Respondent No. 2 in not recognizing Petitioner Club as the rightful and legitimate affiliated Club of Respondent No. 2, despite Petitioner's continuous affiliation, participation in league tournaments, payment of requisite fees and compliance with all norms since its inception in 1986 and consequently direct the Respondent No. 2 to recognize them as the full Member of the Hyderabad Cricket Association with all the rights and privileges to the Petitioner which it is entitled to as affiliated club of Hyderabad Cricket Association.

4. Petitioner in both the Writ Petitions is the Commercial Taxes Cricket Club. Writ Petition No. 22361 of 2025 was filed by the Commercial Taxes Cricket Club, represented by its Secretary B. Susheel Kumar Semwal who was elected as Secretary for the period 07.12.2024 - 06.12.2025. Since the said period has come to an end, Writ Petition No. 37950 of 2025 was filed. Though Writ Petition No. 22361 of 2025 has, in fact, become infructuous, at the request of the parties, since Respondent No. 3 filed Counter in Writ Petition No. 22361 of 2025 and requested this Court to treat the same as counter in Writ Petition No. 22361 of 2025 also, the same are being disposed of by a common Order.

5. The case of Petitioner is that their Club was founded in 1986-87 by Bhupender Lal and T. Basavaraj with its registered office as D. No. 349/SRT, Opposite Sarvodaya Mahila Mandal, Sanjeev Reddy Nagar, Hyderabad. Since its inception, the entire Annual Subscription and League fees have been paid by Petitioner through its bank account and receipts have been issued by HCA to Petitioner and the receipts for the years 1998- 99, 2002-03, 2004-05, 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2018-19, 2019-20, 2020-21 and 2021-22 have been filed before this Court.

5.1. It is stated, from 1986-87 onwards, the names of the office bearers of Petitioner are shown as having attended all the Annual General Meetings (AGM) and Special General Meetings (SGM). The team selected by Petitioner alone has participated in various league matches and knockout tournaments conducted by the HCA. Petitioner filed Certificate of Registration dated June