- (1.) Both the instant petitions have been filed by Sri Ganganagar & Kota District Cricket Associations with one of office-bearers with multifarious common grievance; hence are being disposed of by present order. Prayers made in the petition are reproduced ad infra: A. to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the Res.1 to dispose the appeal or atleast interim application within a period of 3 weeks and; B. To issue an appropriate writ or direction thereby keeping in abeyance the order dated 30thJanuary, 2009 passed by the learned Registrar in abeyance till the interim application in appeal is pending adjudication before Res.1 is finally decided; and C. direct the respondents to act in compliance of order dated 20/02/2009 and 11/02/05 passed in Civil Appeal No. 1206 of 2005 as also other pleadings disposed off vide order dated 20/02/2009; and D. direct the respondents to act in accordance with Article 144 of the Constitution of India and abide by and comply each and every orders passed by the Hon'ble Superior courts especially the Hon'ble Supreme Court of India in the instant case and more specifically the order dated 11/02/2005 and20/02/2009 passed by the Hon'ble Apex Court. E. To issue any other appropriate writ, order or direction as your Lordship may deem fit in the facts and circumstances of the case.
(2.) It is relevant to mention that earlier, Sri Ganganagar Cricket Association filed CWP-1634/2009 assailing order dt.30/01/09 passed by Registrar, Co-operative Societies in exercise of powers Under Section 8 (3) of Rajasthan Sports (Registration, Recognition & Regulation of Associations) Act, 2005 ("the Act"), on a complaint made by four members of Cricket Association, and registered Constitution submitted by Shri Deva Ram Choudhary on 28/01/05. However, after hearing the parties, writ petition was disposed of with the observations that in view of statutory remedy of appeal available to writ petitioners Under Section 35 of the Act against order of Registrar Co-operative Societies, writ petition was not maintainable and at the same time, it was further observed that if such appeal is preferred latest by 16/02/09, order dt.30/01/09 of Registrar Co-operative Societies shall be kept in abeyance for two weeks and relevant observations ad infra: Counsel for petitioner, on instructions, submits that the Association would prefer appeal latest by 16/02/09 before appellate authority; if that be so, this Court considers it proper to keep order impugned dt.30/01/09 (Ann.P.29) in abeyance for a period of two weeks and it is expected from appellate authority to dispose of the appeal expeditiously in accordance with law; and in the meanwhile, respondent No. 1 may make ad hoc arrangements for the interest of the Association.
(3.) It was informed to this Court that against order of Registrar Co-operative Societies dt.30/01/09, appeal was preferred to the Secretary, Sports & Youth, Government of Rajasthan and as per order sheet dt.25/02/09 placed before this Court, final order on appeal was reserved for pronouncement on 26/02/09; however, Counsel for petitioners sought time to examine written submissions furnished by opposite side and the matter was posted to 27/02/09 for submission of rejoinder to the submissions made by respondent No. 4 in appeal; and what latter development if taken place on 27/02/09 was not informed to this Court by either of parties.;