S. Ejaz Hussain @ S. Ezaj Hussain vs Indian Hockey Federation and Others

Heard learned counsel for the appellant and leaned counsel for the respondents and perused the order of the Writ Court under appeal. Learned counsel for the appellant fairly submitted that the Indian Hockey Federation is no more on sound legal footing and its rival Hockey India is likely to get acceptance by the Central Government. He submitted that the Writ Court should have accepted the facts stated by the appellant on affidavit and should have held that disaffiliation of the Association represented by the petitioner i.e. Bihar Hockey Association was without valid notice and was suffering from legal infirmities.

On going through the facts noted by the Writ Court and on hearing the sub missions of the parties, we find that there are serious disputes as to whether there was actually valid service of notice or not.

Learned counsel for the appellant has made a pointed attack upon the direction to the petitioner to pay a costs of Rs. 20,000/- to the respondent. He has submitted that petitioner is an old man who is very sick and does not have sufficient means to pay such penalty and he was actuated to file the writ petition only for reviving the glory of Hockey in Bihar and India. He has further submitted that there was no deliberate suppression of any material facts and hence, at least the levy of costs upon the petitioner should be interfered with. Having considered the issues arising before the Writ Court, we find that dismissal of the writ petition, does not suffer from such error which may require interference. But in the facts of the case, we are of the view that imposition of costs needs to be interfered with. Accordingly, while dismissing the appeal without interfering with the order of the Writ Court on merits, the direction upon the appellant to pay costs of Rs. 20,000/- is set aside.