Sqay Federation Of India v. Union Of India
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12102/2023 and CM APPLs.47526/2023 SQAY FEDERATION OF INDIA .....Petitioner Through:
Mr. Rajiv K. Nanda, Advocate along with Mr. Vikas Malik, Mr. Suhail Malik, Ms.
Shaunak Dutta, Advocates.
versus UNION OF INDIA .....Respondent Through:
Mr. Ripudaman Bhardwaj, CGSC along with Mr. Kushagra Kumar, Mr.
Abhinav Bhardwaj, Mr. Amit Kumar Rana, Mr. Devvrat Yadav and Mr.
Kartik Sharma, Advocates for UOI.
Mr. Vikash Singh and Mr. Ujjwal Chaudhary, Advocates for IOA.
Mr. Laishram Shyam Singh, Mr.
Elangbam Premjit Singh, Mr. Niraj Bobby Paonam and Ms.
Tomthinnganbi Koijam, Advocates for applicants.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA % 24.01.2025
O R D E R
1.
The present petition assails the order dated 05.09.2023 bearing F. No.9-18/2007-SP-I/SP-III issued by the respondent, whereby, the recognition of the petitioner i.e., Sqay Federation of India as a Regional Sports Federation, has been withdrawn.
2.
A perusal of the impugned order reveals that the order has been passed based on a complaint received by the Ministry stating that at the time of registration, the SFI submitted a fake certificate. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
It is further mentioned that the Directorate of Industries and Commerce, Division Kashmir, Government of Jammu & Kashmir, vide letter No. Di&c/Estt-Rs/24 dated 07.01.2023, informed the Ministry that the Sqay Federation of India bearing registration number 3170-S of 2000 does not exist as per their records.
4.
Learned counsel for the petitioner submits that the petitioner has been a duly recognized and registered body, and validly recognized by the respondent Ministry as far back as on 24.09.2015. 5.
He submits that the petitioner was registered as a trust in the year 1990 and then converted into a society on 01.06.2000. He submits that nonavailability of records/ registration certificate with the Directorate of Industries and Commerce, Division Kashmir, Government of Jammu & Kashmir is probably on account of the fact that the relevant records were destroyed during the massive floods that took place in the Jammu & Kashmir in September, 2014.
6.
He submits that at the very least, the respondent ought to have given a show cause notice and afforded an opportunity of hearing to the petitioner before passing the impugned order. He further submits that the impugned order is virtually fatal for the sports of Sqay in the country. 7.
After some hearing, with consent of respective counsel, it is directed that the present petition shall be treated as a representation by the respondent and that the respondent shall depute a responsible officer who shall grant an opportunity of hearing to the petitioner and pass a fresh order after hearing the petitioner. If so warranted, the impugned order withdrawing the recognition of the petitioner shall be withdrawn. 8.
Let the above exercise be done as expeditiously as possible and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
preferably within a period of 12 weeks from today. 9.
With the above directions, the present petition is disposed of. CM APPL.57790/2024 (U/O 1 Rule 10 read with Section 151 of CPC) 10.
In view of the aforesaid order, the present application seeking impleadment of the applicant no.1 i.e., Huyel Langlon Thang - Ta Association Manipur and applicant no.2 i.e., Thang - Ta Federation of India as the respondents in the present petition, does not survive for consideration. 11.
In case the said applicants so desire, they are also at liberty to move a representation to the respondent no.1 which shall also be duly considered in accordance with law.
12.
The present application is, accordingly, disposed of. SACHIN DATTA, J JANUARY 24, 2025/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.