Nazir Ahmad Magray v. J and K Cricket Association (Jkca) and Ors

Serial No. 47 Regular List

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

WP(C) No. 2977/2025

Nazir Ahmad Magray ….. Appellant/petitioner(s) Through: - Mr. Danish Majid, Advocate

V/S J&K Cricket Association (JKCA) and Ors.

….. Respondent(s) Through: - Mr. Rahul Panth, Sr. Advocate with Mr. Arif Sikander, Advocate

CORAM: HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

(ORDER)

07.07.2026

¶01In this petition, petitioner has challenged the order dated

19.03.2025, issued by Justice L. Narisimha Reddy, styling himself as Ombudsman, JKCA, insofar as it records that Amar Singh Cricket Club, Srinagar has no internal dispute.

¶02This Court has already adjudicated upon the issue in the case titled Modern Cricket Club v. Board of Control for Cricket in India

(BCCI) & Others. Paragraph 15 of the said judgment is reproduced herein below for ready reference: "In view of above, since the grievance of the petitioner is purely a civil dispute and has no element of public law, which can be enforced by filing this petition under Article 226 of the Constitution, as such, this petition is dismissed as not maintainable. However, Petitioner is at liberty to approach respondent no. 3 in terms of the Election Notification dated 23.12.2025."

Mohammad Yaseen Dar authenticity of this document

¶03The contentions as raised by the petitioner in the instant writ petition have already been dealt with by the Division Bench of this Court in LPA No. 323/2025, titled Sanjay Saraf v. J&K Cricket Association and Others. Paragraphs 14,15 & 17 of the Judgment are reproduced as under:- "14. A purely private dispute between two fractions of a cricket club can, by no stretch of reasoning, be elevated to status of a dispute involving public law element. Therefore, a writ cannot be issued by this Court in respect of such a dispute.

¶15Apart from the above, the Ombudsman, whose decision is being assailed by the writ petitioner, has not been appointed under any statute or any Court order. The Ombudsman has been appointed by the JKCA, a private body. A decision taken by an authority, which is neither statutory in nature nor is judicially appointed, cannot be tested by a Writ Court for the purpose of issuing a Writ of Certiorari. On this ground alone, the writ petition is not maintainable. 17 It is a settled law that in an intra-court appeal, a judgment or an order of a learned Single Judge can be set aside only when there is a patent error apparent on the face of the record or the judgment is against the established or settled principles of law. An intra-court appeal is really not a statutory appeal preferred against the judgment and order of an inferior to the superior court. Therefore, unless it is shown that there is a patent illegality committed by the learned Single Judge, it is not open to this Court to interfere in the impugned judgment of the learned Single Judge. In the present case, as already stated, we do not find any illegality, much less a patent illegality, in the view taken by the learned Single Judge vide the impugned judgment that would warrant interference by this Court."

¶04In view of above, since there is no merit in this petition, as such, dismissed. (MOKSHA KHAJURIA KAZMI)

JUDGE SRINAGAR

07.07.2026 "Mohammad Yasin Dar"

Mohammad Yaseen Dar authenticity of this document