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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
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
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.
decision of the Ombudsman shall be final and binding and shall come into force forthwith on being pronounced and delivered.
The court ruled that unilateral appointments by office bearers of a sports association violate governance rules, necessitating collective decision-making by the Apex Council.
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