Delhi High Court
Khandesh Haj Corporation vs Union Of India on 30 May, 2023
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.05.2023
+ W.P.(C) 7760/2023, CM APP Nos. 29939/2023 & 29940/2023
KHANDESH HAJ CORPORATION ..... Petitioner
versus
UNION OF INDIA ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Sulaiman Mohd. Khan, Advocate
with Ms. Taiba Khan, Mohd. Ainul
Ansari, Mr. Bhanu Malhotra, Mr.
Akash Bhushan and Mr. Gopeshwar
Singh Chandel, Advocates.
For the Respondent : Mr. Mukul Singh, CGSC for UOI with
Ms. Ira Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
The matter has been received on transfer upon urgent mentioning
1. Petitioner seeks a writ or order in the nature of mandamus for
quashing and setting aside of the letters dated 10.05.2023 and
05.05.2023, whereby, on the basis that physical copy of the FDR and
Signature Not Verified
Digitally Signed
Signing Date:02.06.2023
19:08:06
DD was not submitted by the petitioner, the petitioner has not been
found eligible for registration and allocation of quota for Haj, 2023.
2. Mr. Khan, learned counsel appearing for the petitioner submits
that the petitioner had in fact made an FDR for Rs. 30 lakhs in
accordance with the policy and had uploaded the application along with
the scanned copy of the FDR of Rs. 30 lakhs and DD of Rs. 10,000/-
therewith on the Haj portal.
3. Mr. Khan submits that the tracking report at page 52 of the
petition, confirms that the original physical copy of the FDR and DD as
aforesaid were delivered on 05.04.2023, which according to Mr. Khan
was the cut off date for such documents to be received by the
respondent.
4. On a query from this Court, Mr. Mukul Singh, learned Central
Government Standing Counsel appearing for the respondent UOI, on
instructions, submits that the respondent did not receive either the FDR
or the DD within the time limit specified i.e., 05.04.2023 and, therefore,
the representation of the petitioner could not be considered.
5. Mr. Khan, learned counsel relies upon the order passed by the Co-
ordinate Bench on 19.05.2023 in W.P.(C) 6743/2023 titled as "Asfahan
Tours And Travels vs. Union of India" whereby under similar
circumstances, the Co-ordinate Bench had directed the respondents to
take the physical copy in Court on record and process the application
further.
6. Mr. Khan, learned counsel has handed over a copy of the
revalidated FDR of Rs. 30 lakhs, which clearly shows that the FDR was
made on 24.03.2023, which gives credence to the contention that the
Signature Not Verified
Digitally Signed
Signing Date:02.06.2023
19:08:06
FDR was made within time and also sent on time by speed post and the
tracking report on record also supports the aforesaid contentions.
7. In view of the above, this Court directs the respondent to accept
the FDR bearing No. 0462436 of Rs. 30 lakhs and the DD bearing
No.000996 of Rs. 10,000/- on account of the registration sought by the
petitioner.
8. This is in the peculiar circumstances of this case and will not be
treated as a precedent.
9. The aforesaid directions are without prejudice to the verification
processes and other objections, which has and may be raised by the
respondent.
10. With the above directions, the present petition is disposed of
along with pending applications.
11. Mr. Singh for the respondent submits that there are objections
which are part of annexure P-4. The same may be communicated to the
petitioner.
TUSHAR RAO GEDELA, J.
MAY 30, 2023/nd
Signature Not Verified
Digitally Signed
Signing Date:02.06.2023
19:08:06
