Madhya Pradesh High Court
Zarina Bano vs Haj Committee Of India on 1 June, 2023
Author: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WP No. 12336 of 2023
(ZARINA BANO Vs HAJ COMMITTEE OF INDIA AND OTHERS)
Dated : 01-06-2023
Shri Daniel Robert, learned counsel for the petitioner.
Shri Himanshu Joshi, learned counsel for the respondents.
Heard on the question of admission as well as on interim relief.
The petitioner by filing this writ petition under Article 226 of Constitution
of India challenging the impugned circular dated 06/05/2023 & 27.5.2023 issued
by Haj Committee of India to the extent of prescription of excess fee "Haj
Pilgrims" 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).
T he petitioner has enrolled themselves for €"Haj Pilgrimage" for the
year 2023. The name of petitioner figures in the list published by "Haj
Committee"Â. According to the petitioner, she has deposited substantive
amount, however, under the impugned circular dated 06/05/2023, she is
required to deposit excess amount as compared to the Pilgrims having her
embarkation point at "Mumbai"Â.
In short the contention of the petitioner is that the circular discriminates
between the pilgrims having embarkation point from "ÂœMumbai" and having
Signature Not Verified
Signed by: MONI RAJU
Signing time: 6/2/2023
1:44:27 PM
embarkation point from "Indore"Â. It is further contended that the petitioner
has 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 petitioner 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
p e r 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 petitioner 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 "Haj Committee"Â
as prescribed on the basis of her embarkation point from
Indore to Mumbai, if any. Such deposit shall be subject to final out-come of
this petition.
Signature Not Verified
Signed by: MONI RAJU
Signing time: 6/2/2023
1:44:27 PM
In case the respondents authorities favorably consider the representation
of the petitioner and allot the embarkation point at "Mumbai"Â, then petitioner
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.
12284/2023 & 12325/2023..
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
