IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.979/2019 (GM-RES) BETWEEN:
MR.SANDHU GREGORY S/O.PARAM PAL SINGH SANDHU AGED ABOUT 50 YEARS R/AT NO.T/2 CRYSTAL VIEW APARTMENT NO.62, ST. JOHNS ROAD BANGALORE-560 042 ...APPELLANT (BY SRI K.SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR SRI PAVAN G.N., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR.B.R.AMBEDKAR ROAD BENGALURU-560 001 2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 3. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560 001 4. BANGALORE TURF CLUB LTD. NO.52, RACE COURSE ROAD BENGALURU-560 001 REPRESENTED BY ITS SECRETARY MR.PRADEEP KUMAR G.
5. MINISTRY OF ENVIRONMENT AND FOREST GOVERNMENT OF INDIA NEW DELHI-110 003 6. NATIONAL DOPE TESTING LABORATORY MINISTRY OF YOUTH AFFIARS & SPORTS, GOVERNMENT OF INDIA JAWAHARLAL NEHRU STADIUM COMPLEX, EAST GATE NO.10 NEAR MTNL BUILDING LODHI ROAD NEW DELHI-110 003 7. CHIEF STIPENDIARY STEWARD BANGALORE RACE CLUB LIMITED RACE COURSE ROAD BENGALURU-560 051 …RESPONDENTS (BY SRI Y.H.VIJAY KUMAR, PRINCIPAL GOVERNMENT ADVOCATE FOR R1 TO R3;
SRI S.S.NAGANAND, SENIOR COUNSEL FOR SRI S.SRIRANGA, ADVOCATE FOR C/R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 25.02.2019 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.2986/2019.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
J U D G M E N T Petitioner-appellant has preferred this appeal challenging order dated 25.02.2019 passed by the learned Single Judge in WP.No.2986/2019.
2. Learned Counsel for the appellant in support of this appeal has relied upon the order dated 04.07.2018 passed by this Court in WP.No.21565/2018, wherein this Court has referred to the judgment of the Hon’ble Supreme Court in the case of BCCI vs. CRICKET ASSOCIATION OF BIHAR & OTHERS reported in (2015)3 SCC 251, whereunder it has been held that Cricket Control Board of India is an instrumentality of the State catering to the requirement of the public at large and as such, said institution is amenable to writ jurisdiction.
3. Learned Senior Counsel for respondent submits that the judgment relied upon by the learned Counsel for the appellant is not applicable to the present case and the reasons assigned therein are not sound and proper.
4. We have heard the learned Counsel for the parties.
5. The order in the writ petition discloses that none had appeared on behalf of the petitioner. Hence, the learned Single Judge by extracting prayers made in the petition and after referring to the order dated 24.06.1987 passed by the learned Single Judge in WP.No.130/1987, which has been upheld by the Division Bench of this Court by the order dated 24.11.1987 in WA.No.1106/1987, has dismissed the petition.
In view of the above, we deem it appropriate to remit the matter to the learned Single Judge to reconsider and to pass appropriate orders. The writ petition is restored to file with a request to the Hon’ble Single Judge to consider the matter on merits. The appeal is accordingly disposed of.
In view of disposal of the appeal, IA.No.1/2019 does not survive for consideration and the same stands disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE LB