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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Commercial Taxes Cricket Club, Rep. by its General Secretary B. Susheel Kumar Semwal – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary, Sports and Youth Services Department – Respondent
| Table of Content |
|---|
| 1. the petitions relate to club affiliation issues. (Para 2 , 3) |
| 2. petitioner's long-standing affiliation with hca and challenges. (Para 5) |
| 3. writ jurisdiction can override discretionary failures. (Para 6 , 12) |
| 4. arguments presented on maintainability of writ petitions. (Para 7 , 8 , 10) |
| 5. court emphasized failure of ombudsman to exercise jurisdiction. (Para 13 , 14 , 15) |
| 6. court's directive to recognize petitioner's membership. (Para 22 , 23) |
| 7. petition no. 37950 allowed, no further orders for petitioner. (Para 24) |
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
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 challenging orders of private club arbitrators are not maintainable under Article 226 of the Constitution, especially when disputes are private and involve delay in asserting rights.
A writ under Article 226 is maintainable against the BCCI, and internal disputes within the BCA should be addressed by the BCCI Ombudsman.
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