The State Of Bihar v. Sanjeev Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.509 of 2024 In Civil Writ Jurisdiction Case No.2371 of 2024 ====================================================== 1.

The State of Bihar through Additional Chief Secretary, Department of Art, Culture and Youth, Government of Bihar, Patna. 2.

That Additional Chief Secretary, Department of Art, Culture and Youth, Government of Bihar, Patna.

3.

The Director, Department of Art, Culture and Youth, Government of Bihar, Patna.

4.

The Secretary, Department of Sports, Government of Bihar, Patna. 5.

The Bihar State Sports Authority, through its Director, Patliputra Sports Complex, Kankarbagh, Patna- 800020 6.

The Director General, Bihar State Sports Authority, Patliputra Sports Complex, Kankarbagh, Patna, 800020 7.

The Director, Bihar State Sports Authority, Patliputra Sports Complex, Kankarbagh, Patna, 800020 ... ... Appellant/s

Versus

1.

Sanjeev Kumar son of Sri Sanjay Kumar Sharma, Resident of Mohalla Sherpur, NH- 30, P.S.-Maner, District-Patna.

2.

Bihar Handball Association, through Secretary, House No. 13, Deshratna Path, Vijay Nagar, Hanuman Nagar, P.S Kankarbag (Patrakar Nagar), Patna through its Secretary Braj Kishore Sharma, Male, aged about 64 years, son of Late Ragho Prasad Sharma, resident of village-Niman P.S.-Dhanarua, District-Patna.

3.

Braj Kishore Sharma, son of Late Ragho Prasad Sharma, resident of village Niman P.S.-Dhanarua, District-Patna.

4.

Handball Association of Bihar (unregistered), through DG, Bihar State Sports Authority.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. P.K. Shahi, AG Mr. Nadim Seraj, GP-5 For the Respondent/s :

Mr. Abhinav Srivastava, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-06-2024

2/4 Re: I.A. No. 01 of 2024 The present I.A. has been filed under Section 5 of the Limitation Act, 1908 for condoning the delay of 15 days in filing the appeal.

2. Having gone through the affidavit filed along with the application, we find that there are sufficient grounds stated by the appellant to condone the delay.

3. Delay is condoned.

4. I.A. No. 01 of 2024 stands allowed.

Re: L.P.A. No. 509 of 2024 Sri P.K. Shahi, learned Advocate General, appears for the appellants, and Sri Abhinav Srivastava, learned counsel, appears for respondent nos. 1 to 3, who are the writ petitioners.

2. This issue is with respect to the recognition of the recognized body eligible to represent the sport of Handball within the State of Bihar. The dispute is between the 2nd writ petitioner and respondent no. 8 in the writ petition. There is an interim order granted, wherein the learned Single Judge has relied on a stay order of the Hon'ble Punjab and Haryana High Court, which has

3/4 suspended the recognition of the Handball Association (India) who in turn has recognized the Handball Association of Bihar, which is also said to be unregistered as of now.

3. The Bihar Handball Association, which is the 2nd petitioner in the writ petition, is said to be recognized by the Handball Federation of India.

4. The learned Single Judge has, by the interim order, suspended the recognition of the Handball Association of Bihar and also restrained respondent no. 8 from creating any hurdle in the National Championship organized by the Bihar Handball Association. It is also directed that the Bihar State Sports Authority shall make disbursement of funds as and when it is sought by the Bihar Handball Association.

5. At the hearing of appeal; which is from an interim order, it was stated by both counsel that the learned Single Judge has already heard the matter and reserved the case for judgment.

6. In such circumstances, there shall be no coercive action taken on the basis of the interim order. The parties shall await the final judgment.

4/4

7. The appeal stands disposed of.

(K. Vinod Chandran, CJ) ( Harish Kumar, J) aditya/- AFR/NAFR CAV DATE Uploading Date 26.06.2024.

Transmission Date