Shakil Ahamad vs Hajj Committee Of India
2023 Latest Caselaw 8182 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       WP No. 12256 of 2023
                                    (SHAKIL AHAMAD AND OTHERS Vs HAJJ COMMITTEE OF INDIA AND OTHERS)



                           Dated : 01-06-2023
                                   Parties through their counsel.

                                   Heard on the question of admission as well as on interim relief.
                                 The petitioners by filing this writ petition under Article 226 of
                           Constitution of India challenging the impugned circular dated 06/05/2023 issued
                           by Haj Committee of India to the extent of prescription of excess fee "Haj

                           Pilgrims"Â​ having embarkation point at Indore.
                                 In the alternative, the petitioner is seeking direction to the respondents to

consider the request of the petitioner to allot the embarkation point from "Indore" to "ÂœMumbai"Â​ Brief facts of the case are that the Haj Committee of India had published a notification dated 10/02/2023 calling applications from persons desirous of going to €"Haj Pilgrimage" for the year 2023 (Hijri Year 1444).

The petitioners had enrolled themselves for €"Haj Pilgrimage" for the year 2023. The name of petitioners figures in the list published by "Haj

Committee"Â. According to the petitioners, they have deposited substantive amount, however, under the impugned circular dated 06/05/2023, they are required to deposit excess amount as compared to the Pilgrims having their embarkation point at "ÂœMumbai"Â​.

In short the contention of the petitioners is that the circular discriminates between the pilgrims having embarkation point from "ÂœMumbai" and having embarkation point from "Indore"Â. It is further contended that the petitioners have already made representation to the respondents authorities raising his Signature Not Verified Signed by: SOURABH YADAV Signing time: 02/06/2023 10:38:09 AM

grievance regarding excessive amount prescribed for embarkation point at Indore as compared to embarkation point at "Mumbai". Still the aforesaid representation of the petitioner has not been decided.

Learned counsel for the petitioners placed reliance on the judgment of Bombay High Court dated 15/05/2023 passed in W.P. No.5461/2023 (Shaikh Ateek Shaikh Abdul Hafeez and another vs. Haj Committee of India and others) in support of his contention.

Learned counsel for the respondents No.1 and 2, on instructions undertakes to deposit the amount prescribed under "ÂœHaj Committee"Â as per allotment of embarkation point, subject to out-come of order of this

petition.

Issue notice to the respondents on payment of process-fee by RAD mode within seven working days, returnable within four weeks, failing which this petition shall stand dismissed without further reference to the Bench.

In the meanwhile, Competent Authority of respondent is directed to consider and decide the representation made by the petitioners for change of embarkation point from Indore to Mumbai within a period of ten days from the date of receipt of copy of this order, in accordance with law, by passing a reasoned and speaking order.

The petitioners shall deposit the balance amount with "ÂœHaj Committee"Â as prescribed on the basis of their embarkation point from Indore to Mumbai, if any. Such deposit shall be subject to final out-come of this petition.

In case the respondents authorities favorably consider the representation of the petitioner and allot the embarkation point at "Mumbai"Â, then petitioners

Signature Not Verified shall be entitled for refund of excess amount deposited by them. This interim Signed by: SOURABH YADAV Signing time: 02/06/2023 10:38:09 AM

arrangement is made subject to final out-come of the writ petition.

List in the week commencing 19/06/2023 along with W.P.Nos. 12284/2023 & 12336/2023..

Certified copy, as per rules.

(SUBODH ABHYANKAR) V. JUDGE

Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 02/06/2023 10:38:09 AM