ABDUR RAHMAN vs SPORTS MANAGEMENT BOARD & ORS.

$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 12.10.2023
+ W.P.(C) 10924/2023 & CM APPL. 53322/2023
ABDUR RAHMAN ….. Petitioner
Through: Mr. Jay Savla, Sr. Adv. with Mr. Rajpal Singh and Mr. Yogantar Singh Chauhan, Advs.
versus
SPORTS MANAGEMENT BOARD & ORS. ….. Respondents
Through: Ms. Mrinalini Sen, Standing Counsel with Ms. Pooja Kapur, Adv.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing (as per request)]
TARA VITASTA GANJU, J.: (ORAL)
CM APPL. 53322/2023 [Application seeking interim relief]
1. This is an Application filed on behalf of the Petitioner seeking grant of interim reliefs.
2. At the outset, learned Senior Counsel for the Petitioner, on instructions from learned Counsel for the Petitioner, submits that with a view to save time, prayer (a) is not being pressed by him at this stage.
2.1 The statement of the learned Senior Counsel for the Petitioner is taken on record.
3. Learned Senior Counsel appearing on behalf of the Petitioner submits that the Petitioner is a national level sports player in the game of Squash and at present represents the State of Bihar at the National Games.
3.1 It is further contended that the Petitioner also represented the State of Bihar at the National Games which were held in October, 2022. Learned Senior Counsel relies on the list of achievements of the Petitioner which are annexed as Annexure P-1 of the case file.
4. The grievance of the Petitioner is that by an e-mail dated 20.04.2023 [annexed as Annexure P-4 of the case file], the Petitioner was informed that he will be allowed to play at the Squash and Badminton Stadium, New Delhi [hereinafter referred to as the “SB Stadium”] only after he clears outstanding dues of Rs.4,01,700/-. The relevant extract of e-mail dated 20.04.2023 is extracted hereinafter:
“…2. As is apparent from your communication, you are aware of willfully not following prescribed procedures at the DDA Squash & Badminton Stadium (SBS) commencing from Nov 2021 till Jan 2023 for which you have now not been allowed to use the squash courts.
3. You may resume use of squash facility at SBS for “Personal Private Coaching” subject to clearing the outstanding amount of Rs. 4,01,700/- (Rupees Four Lakhs One Thousand Seven Hundred Only) payment of which you had evaded by resorting to inappropriate measures despite having been cautioned of the consequences earlier.
4. After clearing outstanding dues, you will be required to pay coaching fee for every session of play at the SBS in future. No payment will result in you being permanently debarred from SBS.”
[Emphasis supplied]
5. Learned Standing Counsel for the Respondents submits that the reason for debarment of the Petitioner is that there are outstanding dues in the sum of Rs. 4,01,700/- which are payable by him and that these dues have been levied on him without any basis.
6. Learned Senior Counsel for the Petitioner submits that this allegation levied on him is completely false. He has not given any coaching at SB Stadium. Further, it is contended that documents annexed along with the Affidavit filed by the Respondents on 20.09.2023, contains a calculation sheet for the sum of Rs. 4,01,700/- which is stated to have been due from the Petitioner from November, 2020 to January, 2023. However, it is contended that no show cause notice or other communication was ever sent to the Petitioner during this period. It is further contended that this action is not only arbitrary but also reeks of malafides on the part of the Respondents.
7. It is further contended that in the event that payments were due from the Petitioner from November, 2020 onwards, it is unexplainable as to why the Petitioner was allowed to play at the SB Stadium till February, 2023.
8. Learned Senior Counsel for the Petitioner also seeks to rely on orders dated 21.06.20171 in W.P.(C) 5357/2017 and 11.07.20172 in W.P.(C) 5710/2017 passed by the Co-ordinate Benches of this Court wherein at the interim stage the Respondents have been directed not to restrain players from using the pay and play facility at the SB Stadium in similar circumstances.
9. Learned Standing Counsel for the Respondents submits that the Petitioner is free to play and practice in any other facility in the city other for the SB Stadium. It is further contended that since the SB Stadium has a pay and play facility, the Respondents does not have a database of its players, hence, no show cause notice could be issued.
9.1 Learned Counsel for the Respondents further seeks to rely on documents annexed at Annexure R-6 to its Affidavit dated 20.09.2023 which shows that the Petitioner has in a communication to Respondents indicated that he has been doing personal coaching in the SB Stadium.
10. This Court had in the first instance, based on the contentions of the learned Senior Counsel for the Petitioner and the learned Standing Counsel for the Respondents, suggested that the Petitioner and the concerned Officials of the Respondents schedule a meeting with a view to resolve the reasons for the debarment of the Petitioner from using the SB Stadium facility.
10.1 This Court is informed by the learned Standing Counsel for the Respondents that although a meeting was held, the parties could not resolve the issues.
10.2 Prima facie the issues raised by the Petitioner would require some examination.
11. Issue Notice.
12. Counter-Affidavit(s)/Replies be filed within two weeks.
12.1 Rejoinder(s), if any, be filed within one week thereafter.
13. Given the fact that the National Sports Games are scheduled to be held from 25.10.2023 to 09.11.2023 and that the Petitioner has on Affidavit stated that he has been selected to participate in the game of Squash where he is representing the State of Bihar, urgent ad interim directions are requisite.
14. Accordingly, till the next date of hearing, the Respondents shall not prevent the Petitioner from using the Pay and Play Squash facility in the SB Stadium facility.
14.1 These directions are being passed in view of the urgency in the matter on account of the fact that the National Games are about to begin.
14.2 It is made clear that the Petitioner shall use the SB Stadium facility in accordance with all its rules and regulations, practice and procedures and upon payment of the requisite fee for such use.
W.P.(C) 10924/2023
15. Learned Counsel for the Respondents seeks and is granted additional time of four weeks to file the Counter-Affidavit in the matter.
16. Rejoinder, if any, be filed within two weeks thereafter.
17. List the matter before the concerned Registrar for completion of pleadings on 24.11.2023.
18. List the matter before the Court on 12.02.2024.
19. The date already fixed, i.e., 19.10.2023 stands cancelled.
20. Parties will act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
OCTOBER 12, 2023/SA
1 W.P.(C) 5357/2017 titled Sanjay Vats & Ors. v. Delhi Development Authority & Anr.
2 W.P.(C) 5710/2017 titled Gaurav Nandrajog and Ors. v. Delhi Development Authority and Anr.
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