HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 13875/2021

1.

District Cricket Association, Jodhpur, Having Address 7-A,

Panchwati Colony, Ratanada, Jodhpur (Rajasthan),

Through Its Secretary Ram Prakash Choudhary.

2.

Ram Prakash Choudhary S/o Shri Ram Niwas Choudhary,

Aged About 51 Years, Secretary, District Cricket

Association, Jodhpur, Resident Of 7-A, Panchwati Colony,

Ratanada, Jodhpur (Rajasthan).

----Petitioners

Versus

1.

State Of Rajasthan, Through The Secretary, Co-Operative

Department, Government Of Rajasthan, Jaipur.

2.

Registrar, Cooperative Societies Cum Registrar Institution,

Nehru Sahakar Bhawan, 22 Godown Circle, Bhawani

Singh Road, Jaipur.

3.

Deputy Registrar, Cooperative Societies Cum Registrar

Institution, Sahakar Bhawan, Opposite Railway Station,

Jodhpur (Raj.).

4.

Ad-hoc Committee, District Cricket Association, Jodhpur

Through Its Convenor.

----Respondents

For Petitioner(s)

:

Mr. Sunil Joshi

For Respondent(s)

:

Mr. M.S. Singhvi, Advocate General

through V.C., assisted by Mr. Sandeep

Shah, AAG & Mr. Abhimanyu Singh

Mr. Ravi Bhansali, Sr. Advocate,

assisted by Mr. Vipul Dharania

Mr. K.K. Shah

JUSTICE DINESH MEHTA

Order

14/12/2021

1.

By way of the present writ petition, the petitioners have

challenged the communication dated 27.09.2021, so also the

(2 of 4)

[CW-13875/2021]

order dated 20.09.2021, passed by the Registrar (Institution),

Jodhpur.

2.

Mr. M.S. Singhvi, learned Advocate General, at the out set,

raised two preliminary objections: (i) writ petition challenging the

order passed by the Registrar, Cooperative Societies under the

Rajasthan Sports (Registration, Recognition and Regulation of

Associations) Act, 2005 (hereinafter referred to as “the Act of

2005”) is not maintainable, as a statutory remedy of appeal has

been provided under Section 35 of the Act of 2005 and (ii) that

the writ petition is barred by principles governed by Order II Rule

2 of the Code of Civil Procedure, inasmuch as the petitioners, in

the earlier writ petition (S.B. Civil Writ Petition No.12370/2019)

had confined their prayer only to the extent of violation of

principles of natural justice, which argument was accepted by this

Court and the Registrar was directed to pass fresh order. It was

argued that in such event, the petitioners cannot challenge the

proceedings initiated by the Registrar, Cooperative Societies, as

they had willfully chosen not to press grounds regarding initiation

of proceedings by the Registrar.

3.

While responding to the preliminary objections raised by

learned Advocate General, Mr. Sunil Joshi, learned counsel for the

petitioners, contended that the petitioners could not have

preferred an appeal against the purported order dated

20.09.2021, as the same was never supplied to them.

4.

It was also argued that this Court has ample powers to

entertain a writ petition regardless of the availability of the

alternative remedy. But no satisfactory answer was given to

second preliminary objection of estoppel raised by learned

Advocate General.

(3 of 4)

[CW-13875/2021]

5.

Heard learned counsel for the parties and perused the

material available on record.

6.

Upon the prima-facie observation regarding maintainability,

made by the Court Mr. Joshi, learned counsel for the petitioners

sought permission to withdraw the present writ petition with a

liberty to prefer an appeal before the appellate authority, however,

with the prayer that till the appeal is decided, the interim order

dated 06.10.2021, passed by this Court be ordered to continue.

7.

The interim order dated 06.10.2021, passed by this Court is

reproduced for the purpose of convenience:

“Heard learned counsel for the parties for some

time, list this matter on 20.10.2021 along with

SBCWP No.9191/2021.

However, in the meantime, the petitioner

association