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HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
WP(C) No.570 of 2024
Tripura Badminton Association.
.....Petitioner
-V-E-R-S-U-S-
The State of Tripura & 3 Others
.....Respondents
For Petitioner(s) : Mr. B. N. Majumder, Sr. Advocate.
Mr. D. J. Saha, Advocate.
For Respondent(s) : Mr. D. Sarma, Addl. G.A.
Mr. D. Bhattacharjee, Sr. Advocate.
HON’BLE MR. JUSTICE T. AMARNATH GOUD
_F_I_N_A_L_O_ R_ D_ E_ R_
31.08.2024
Heard.
The present petition has been filed under Article-226 of the
Constitution of India directing the respondents to provide access to the
badminton courts managed by the Tripura Sports Council for the Tripura
Badminton Association to conduct its selection trial for the upcoming Zonal
Badminton Championship/North-East Zone Tournament organized by the
th th
Badminton Association of India from 7 September to 10 September, 2024 last
date for sending list on 31.08.2024, which has been extended by two more days
even at any legal cost, to be borne by the petitioner. Further, to provide all
proper supports to the petitioner association to conduct a selection session in the
dedicated badminton court maintained and run by the respondent No.3.
The petitioner has prayed for the following reliefs:
a. Issue Rule NISI.
b. Issue a writ in the nature of mandamus, direction/mandating the
respondents to provide access to the badminton courts managed by the
Tripura Sports Council for the Tripura Badminton Association to conduct
its selection trials for the upcoming Zonal Badminton Championship/North
th
East Tournament organized by the Badminton Association of India from 7
th
September to 10 September, 2024 last date for sending list on 31.08.2024,
extended by two more days, even at any legal cost, to be borne by the
petitioner.
c. Issue a writ of Mandamus direction/mandating the respondents to provide
all proper supports to the petitioner Association, to conduct a selection
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session in the dedicated Badminton Court maintained and run by the
respondent No.3.
c. As an interim measure, direct the respondents to provide immediate
access to the badminton courts managed by the Tripura Sports Council for
the Tripura Badminton Association and all its bona fide players, at the
earliest, so that the TBA can participate in the upcoming Zonal Badminton
Championship/North-East Zone Tournament organized by the Badminton
th th
Association of India from 7 September to 10 September, 2024, last date
for sending list on 31.08.2024 extended by two more days, on being
selected by the petitioner association.”
The case in brief is that the Tripura Badminton Association, a
recognized sports body affiliated with the Badminton Association of India
sought access to badminton courts managed by the Tripura Sports Council for
selection trials for the Zonal Badminton Championship scheduled for September
th th
7 to 10 , 2024 the Tripura Badminton Association. Despite multiple formal
st
requests and a letter dated August 21 , 2024 the respondents denied access. A
th
legal notice sent on August 25 , 2024 also went unanswered. The denial of
acce
ss has severely impacted the petitioner’s ability to conduct trials
endangering its participation in the championship.
Hence, the present petition has been filed before this Court for
redress.
Mr. B. N. Majumder, learned senior counsel assisted by Mr. D. J.
Saha, learned counsel appearing for the petitioner has prayed to allow the
present writ petition as the efficient sports candidates will be deprived of their
legitimate rights.
Mr. D. Bhattacharjee, learned counsel appearing for the respondent
No.3 has contended that there are no eligible candidates, no person will be
deprived of and there is no individual before this Court seeking any relief. This
is a motivated litigation. He further contended that the letter dated 21.08.2024
has not been receiv frivolous
ed by them from the petitioner’s side and this is a
litigation and prayed to dismiss the petition.
Having heard the learned counsel appearing for the parties, this
Court is of the view that the facts narrated in the affidavit are not supported by
any documents and also there is no specific contention made on the issue of any
such notification and also extension notification of the cutoff date by another
two days. The petitioner has also not indicated as to on which date they have
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approached the respondent No.3 with the letter dated 21.08.2024 and who
refused. Further, what steps they have taken to approach the other respondents
has not been indicated.
This Court feels that the arguments made by Mr. D. Bhattacahrjee,
learned senior counsel appearing for the respondent No.3 carries weight and
accordingly convinced. Since they have not filed any proper documents and
have not given sufficient information in the affidavit and also the petitioner has
approached this Court at the last moment indicates that the petitioner is not
diligent and is not serious in the matter, thus the present writ petition cannot be
entertained and thus, the same is accordingly dismissed.
However, not to deprive the eligible candidates of their legitimate
talent and opportunity, this Court feels that there could be a direction and
accordingly, without expressing any opinion on merits of the case, liberty is
granted to the petitioner to approach the concerned respondent with proper
representation and on receipt of the same, the respondents shall consider in
accordance with law, forthwith.
Accordingly, with the above observation, the present writ petition
stands dismissed. As a sequel, miscellaneous application(s) pending, if any, shall
stand closed.
T. Amarnath Goud, J
A. Ghosh
ANJAN Digitally signed by
ANJAN GHOSH
GHOSH Date: 2024.09.02
12:51:15 +05'30'