The Principal Commissioner Of Central Excise And Customs vs. Hyderabad Cricket Association

WP/15019/2023HC TelanganaGSTCNR HBHC01027542202326 December 2023Bench: C.V. BHASKAR REDDY6 pages
AI SummaryRemanded

Held

The Court disposed of the writ petition based on the submissions made by both parties. The Court noted that the petitioner's club had been allowed to participate in the A Division League Matches for the year 2023 pending the writ petition's adjudication. The respondent, Hyderabad Cricket Association, stated that for the year 2024-25, if the petitioner makes an appropriate application, the newly constituted body will consider its case, provided all conditions and criteria are fulfilled. In light of this, the Court permitted the petitioner to make a fresh representation for the 2024-25 season. The respondent was directed to consider such a representation in accordance with the Rules and Bye-Laws of the association, should the petitioner fulfill all the criteria. The Court made no order as to costs. No specific issue was left undecided; the disposal was based on the parties' consensus for future action.

Facts

The petitioner, the Principal Commissioner of Central Excise and Customs, Hyderabad CGST Zone, filed a writ petition challenging the Hyderabad Cricket Association's (HCA) action of dropping its cricket team from the A Division based on a press note dated May 22, 2023. The petitioner contended that its team was eligible and qualified to participate in the HCA league season 2023-24 and other tournaments. The petitioner sought a direction to include its team in the A Division list and allow registration. Interim applications were also filed seeking the same relief and to prevent the HCA from conducting the league tournament pending the writ petition's disposal. The petitioner stated that its club was allowed to participate in the 2023 league matches pending adjudication.

Key Issues

1. Whether the action of the Respondent (Hyderabad Cricket Association) in dropping the Petitioner's cricket team from the A Division, as communicated via Press Note dated 22.05.2023, is illegal, arbitrary, high-handed, and a violation of Article 14 of the Constitution of India? Petitioner's Contention: The petitioner argued that its cricket team was eligible and qualified to participate in the A Division league matches for the year 2023-24 and other tournaments organized by the respondent. The action of exclusion was therefore illegal and arbitrary. The petitioner further submitted that while it was allowed to participate in the 2023 league matches, it was being prevented from participating in the 2024 or subsequent years' leagues. Respondent's Contention: The respondent submitted that the petitioner's representation was considered, and it was allowed to participate in the A Division League Matches for the year 2023. For the year 2024-25, the respondent stated that if an appropriate application is made, the newly constituted body will consider the petitioner's case, subject to fulfilling all laid-down conditions and criteria.

AI-generated summary — verify with the full judgment below

[32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY wRtT PET|T|ON NO.15019 0F 2023 Between: The Principal Commissioner of Central Excise and Customs, Hyderabad CGST Zone, L B Stadium Road, Basheer Bagh, Hyderabad, Telangana- 50b 004. ...PETITIONER/PETITIONER AND Hyderabad Cricket Association, Rajiv Gandhi lnternational Cricket Stadium, Uppal, Hyderabad - 500 039 Rep. by its Secretary. ...RESPONDENT/RESPONDENT Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondent in dropping the Petitioners cricket team from A Division by way press Nole 22.0s.2023 issued by the Respondent as illegal, arbitrary, high handed and a violation of Article 14 of the constitution of lndia, set aside the same and direct the Respondent to include the name of the Petitioners cricket in the Iist of teams under Al

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