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Patna High CourtCWJC/9976/2019disposed

Smita Kumari v. The State Of Bihar

2019-05-06Mr. Justice Jyoti Saran,Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9976 of 2019 ====================================================== Smita Kumari W/o Sandeep Kumar, Resident of Village- Matihani, Ward no. 4 P.S.- Matihani, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Secretary Art and Culture and Youth Deptt. Govt. of Bihar, Patna. 3.

The Director Art and Culture and Youth Deptt. Govt. of Bihar, Patna. 4.

The Amateur Kabadi Federation of India Through Administrator/ President, CPIO, 2 Akanksha, Ajamer Road Jaipur, Rajasthan At Present, E 386 Cabin - B (Basement ) Greater Kailash Part-1 New Delhi 110048 5.

The President, Bihar Olympic Association Qtr. no. C/8, Road No. 6, R. Block, Patna.

6.

Sri Anjani Kumar Singh, The President Bihar State Kabadi Association, Patliputra Sports Complex, Kankarbagh, Patna. 7.

Sri Kumar Vijay @ Kumar Vijay Singh The Secretary General Bihar State Kabadi Association, Patliputra Sports Complex, Kankarbagh, Patna, Resident of Mohalla- Kasimpur House, Vivek Vihar, P.S. Hanuman Nagar, District- Patna.

8.

Rajiv Kumar Singh The Secretary, Patna District Kabadi Association, Resident of Mohalla- Doctors Colony, P.S.- Patrakar Nagar, district- Patna. 9.

Anuradha Kumari D/o Sri Kumar Vijay @ Kumar Vijay Singh Resident of Mohalla- Kasimpur House, Vivek Vihar, P.S. Hanuman Nagar, districtPatna. 10.

Smita Kumari D/o Rajiv Kumar Singh Resident of Mohalla- Doctors Colony, P.S.- Patrakar Nagar, district- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajatshatru For the Respondent/s :

Mr.Sarvesh Kumar Singh, AAG13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 06-05-2019 The petitioner had earlier approached this Court through CWJC No. 18556 of 2018 and the writ petition was disposed of

Patna High Court CWJC No.9976 of 2019 dt.06-05-2019 2/2 with liberty to approach the Administrator who has since been appointed to take over the control of the Amateur Kabaddi Federation of India, New Delhi. It so appears that the objection to the nomination since filed has been disposed of vide Annexure-2 by the Administrator and yet the petitioner is not satisfied because it is not being implemented.

We fail to appreciate as to how the cause of action is available to the petitioner to return to this Court either on merits or territorial jurisdiction for seeking an indulgence under Article 226 of the Constitution of India. We refrain from exercising our jurisdiction. Matter relates to election of a private body and in case any exercise in that direction is left, the forum for the petitioner lies elsewhere and not either in public interest litigation or before this Court.

The writ petition stands disposed of with the above observation.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 09/05/2019 Transmission Date N.A.