SRIGANGANAGAR DISTRICT CRICKET ASSOCIATION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners challenging the validity of impugned order dated 20.02.2009 passed by the Assistant Registrar (Annex. -P/9) and praying for quashing the same. Further, it is prayed that entire proceedings initiated pursuant to the complaint filed by Shri Radhey Shyam Goyal may also be quashed and it may be held that the entire proceedings initiated on the aforesaid complaint is without jurisdiction.

(2.) ACCORDING to facts of the case, it is stated in the writ petition that the petitioner District Cricket Association is affiliated to the Rajasthan Cricket Association is a district level sports association registered under the Rajasthan Sports (Registration, Recognition and Regulation) Act, 2005 (in short, to be called hereinafter as 'the Act of 2005'). The petitioner Association had earlier preferred a writ petition before the Jaipur Bench of the Rajasthan High Court, in which, the petitioner Association challenged order dated 30.01.2009 passed by respondent No. 4. The said writ petition filed by the petitioner Association was registered as S.B. Civil Writ Petition No. 1634/2009. The writ petition so filed earlier by the petitioner Association was decided finally by this Court at Jaipur Bench vide order dated 11.02.2009 (Annex. -3). In that order, this Court at Jaipur Bench, while taking note of the order passed by this very Bench in S.B. Civil Writ Petition No. 1031/2009, Vijay Singh Choudhary v. State of Rajasthan and Ors. decided on 09.02.2009, disposed of the writ petition granting opportunity to the petitioner Association to file appeal under Section 35 of the Act of 2005 against the order passed by the Registrar, Cooperative Societies. While passing the said order, the order impugned dated 30.01.2009, passed by the Registrar, Cooperative Societies, Jaipur, was kept in abeyance for a period of two weeks and directed the petitioner to avail the remedy available before the appellate authority. The petitioner Association has accordingly preferred appeal which is said to be pending before the appellate authority.

(3.) IN this writ petition, the main contention of learned Counsel for the petitioners is that initial notice issued to the petitioner on 10.02.2009 under Section 23(1)(c) of the Act of 2005 was totally without jurisdiction and, by way of filing reply to the said notice, it was specifically pleaded before the Assistant Registrar, Cooperative Societies,, Sriganganagar that the notice is totally without jurisdiction and the grounds raised in the reply speak that the said notice was without jurisdiction; but, in the case, the Assistant Registrar, Cooperative Societies, Sriganganagar held that authority and jurisdiction is vested in the authority, then, a request was made that opportunity of personal hearing may be granted and opportunity to file detailed reply to the notice dated 10.02.2009 may be afforded.