Pankaj Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14116 of 2022 ====================================================== Pankaj Kumar Chaudhary Son of Shri Shashikant Chaudhary resident of At and P.O.- Basaith, P.S.- Benipatti, District- Madhubani, Pin Code- 847102. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Inspector General, Registrations, Prohibition, Excise and Registration Department, Bihar, Patna. 2.

The Board of Control for Cricket in India, 4th Floor, Cricket Center, Wankhede Stadium D Road, Churchgate, Mumbai- 400020 through its Secretary.

3.

President, Board of Control for Cricket in India, 4th Floor, Cricket Center, Wankhede Stadium D Road, Churchgate, Mumbai- 400020 4.

Secretary, Board of Control for Cricket in India, 4th Floor, Cricket Center, Wankhede Stadium D Road, Churchgate, Mumbai- 400020 5.

Bihar Cricket Association, Shailraj Complex, Budh Marg, Bihar, Patna800001 through its Secretary. 6.

Pesident, Bihar Cricket Association, Shailraj Complex, Budh Marg, Bihar, Patna- 800001.

7.

Secretary, Bihar Cricket Association, Shailraj Complex, Budh Marg, Bihar, Patna- 800001.

8.

Dr. M. Mudassir, Electoral Officer, Bihar Cricket Association, Shailraj Complex, Budh Marg, Bihar, Patna- 800001.

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

For the Petitioner/s :

Mr.Abhinav Srivastava, Advocate For the State :

Mr. Manish Dhari Singh, AC to AG For the Bihar Cricket Association :

Mr. Raju Giri, Advocate Mr. Harsh Vardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2023 The present writ petition has been filed seeking the following reliefs:- "(i) Issuance of a direction, order or writ, including writ in the nature of certiorari

2/4 quashing the notification dated 28/08/2022 issued from Bihar Cricket Association, Shailraj Complex, Budh Marg, Bihar, Patna-800 001 (hereinafter referred to as "BCA"), by which the notice of election schedule of BCA, 2022 has been notified;

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Board of Control for Cricket in India, 4th Floor, Cricket Center, Wankhede Stadium 'D'

Road, Churchgate, Mumbai-400020 (hereinafter referred to as "the BCCI") to take steps towards constituting a committee to take over the management and functioning of BCA in view of the large scale illegalities being committed at the behest of the present office bearers of BCA, which are also in clear cut contravention of the directives issued from the Hon'ble Supreme Court as well as the provisions contained under the Memorandum of Association and Rules and Regulations of BCA duly registered in terms of the directions contained in the order and judgment dated 09/08/2019 passed by the Hon'ble

3/4 Supreme Court in Civil Appeal No.

4235/2014 and directions issued from the Committee of Administrators appointed by the Hon'ble Supreme Court;

(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the present office bearers of BCA to refrain from taking decisions with respect to the functioning and management of BCA and also, to refrain from taking any steps in furtherance of the aforesaid Impugned notification dated 28/08/2022:

(iv) Issuance of an ad Interim direction upon the concerned respondents under BCA to refrain from acting in furtherance of the impugned notification dated 28/08/2022 during the pendency of the instant writ petition;"

Considering the nature of relief sought for in the present writ petition, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent-authorities, specially the Board of Control for Cricket in India for redressal of his aforesaid grievances. Liberty so

4/4 sought is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U