Madhya Pradesh High Court
Abdul Aziz vs Hajj Committee Of India on 1 June, 2023
Author: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WP No. 12284 of 2023
(ABDUL AZIZ AND OTHERS Vs HAJJ COMMITTEE OF INDIA AND OTHERS)
Dated : 01-06-2023
Shri Manoj Kumar Agrawal, learned counsel for the petitioners.
Shri Himanshu Joshi, learned counsel for the respondents.
Heard on the question of admission as well as on interim relief.
T h e 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"€ having embarkation point from Indore and Bhopal to Mumbai.
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" and "Bhopal" to "€œMumbai"€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 "€œMumbai"€Â.
In short the contention of the petitioners is that the circular discriminates
between the pilgrims having embarkation point from "€œMumbai" and
Signature Not Verified
Signed by: MONI RAJU
Signing time: 6/2/2023
1:44:27 PM
having embarkation point from "Indore" and "Bhopal" to "Mumbai€Â". It is
further contended that the petitioners have already made representation to the
respondents authorities raising his 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 15/05/2023passed 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 "€œHaj 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.
I n 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 "€œHaj
Committee"€ as prescribed on the basis of their embarkation point from
Indore and Bhopal to Mumbai, if any. Such deposit shall be subject to final
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Signed by: MONI RAJU
Signing time: 6/2/2023
1:44:27 PM
out-come of this petition.
In case the respondents authorities favorably consider the representation
of the petitioner and allot the embarkation point from Indore and Bhopal to
Mumbai€Â, then petitioners shall be entitled for refund of excess amount
deposited by them. This interim 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.
12325/2023 & 12336/2023.
Certified copy, as per rules.
(SUBODH ABHYANKAR)
V. JUDGE
moni
Signature Not Verified
Signed by: MONI RAJU
Signing time: 6/2/2023
1:44:27 PM
