The Telengana Cricket Association v. Borad Of Control For Cricket In India And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.387 OF 2018 The Telangana Cricket Association

...Petitioner

vs.

Board of Control for Cricket in India and Another

...Respondents

Mr. Karan Bhosale a/w. Ms. Nikita Menon i/b. NDB Law, for the Petitioner.

Mr. Adarsh Saxena a/w. Ms. Rachyeta Shah and Ms. Muskan Sharma i/b. Cyril Amarchand Mangaldas, for Respondent No. 1. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

MAY 03, 2018 P.C.:

.

The learned counsel for the Petitioner by placing reliance on the order passed by the Supreme Court on 21st September, 2017 in the case of "Board of Control for Cricket and Ors. vs. Cricket Association of Bihar and Ors." passed in Civil Appeal No. 4235 of 2014 has submitted that the Committee of Administrators of Respondent No. 1 may be directed to consider and take appropriate decision on the Petitioner's applications (Exhibit "I", "J", "K" and "L") for granting the Petitioner "Associate Membership".

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2.

We find that the Respondents in their reply, have taken stand that as the text of the constitution of the Respondents is pending for finalization and the amendment to the constitution has not been yet carried out, it would not be possible to consider and decide the Petitioner's applications.

3.

The learned counsel for the Petitioner on the other hand submits that in an identical circumstances, the Committee of Administrators have decided the application of "Union Territory of Puducherry" and the decision has been taken and it is not necessary to await the amendment in the constitution to be finalized.

4.

Having considered the submissions made by the learned counsel for the parties, we dispose of this Petition by directing the Committee of Administrators of Respondent No. 1 to consider the Petitioner's applications and if there is no legal impediment, take appropriate decision on it in accordance with law after giving due opportunity of hearing to the Petitioner. We expect that a reasoned order will be passed by the Competent Authority. 2/3

5.

It will be open for the Petitioner to submit a detailed representation with supporting documents in regard to its prayer. 6.

The Petition is disposed of as such.

7.

Parties to act on the authenticated copy of this order. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) 3/3