Mohammad Rafeek Khan vs Union Of India
2023 Latest Caselaw 8191 MP

                                                                         1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT INDORE
                                                               WP No. 12413 of 2023
                                            (MOHAMMAD RAFEEK KHAN AND OTHERS Vs UNION OF INDIA AND OTHERS)



                                   Dated : 05-06-2023


                                         Shri Ayush Agrawal, counsel for the Petitioners.
                                         Ms. Surbhi Behal, Adv. on behalf of Shri Himanshu Joshi-A.S.G. for
                                   respondent Nos.1 & 2.

Heard on the question of admission as well as I.A.No. 3772/2023.

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"

having embarkation point at Indore.

3. In the alternative, the petitioners are seeking direction to the respondents

to consider the request of the petitioners to allot the embarkation point at

"Mumbai" instead of "Indore".

4. Brief facts of the case are that the Haj Committee of India had published

a notification calling applications from persons desirous of going to "Haj

Pilgrimage" for the year 2023 (Hijri Year 1444).

5. The petitioners had enrolled themselves for "Haj Pilgrimage" for the

year 2023. The name of petitioners figures in the list published by "Haj

Committee". 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 "Mumbai".

6. In short the contention of the petitioners is that the circular discriminates Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 06-Jun-23 11:38:27 AM

between the pilgrims having embarkation point from "Mumbai" and having

embarkation point from "Indore". It is further contended that the petitioners has

already made representation to the respondents authorities raising their grievance

regarding excessive amount prescribed for embarkation point at "Indore" as

compared to embarkation point at "Mumbai". Still the aforesaid representation of

the petitioners 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.

7. Learned counsel for the respondent No.2, on instructions undertakes to

deposit the amount prescribed under "Haj Committee" as per allotment of

embarkation point, subject to out-come of order of this petition.

8. 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.

9. The petitioners shall deposit the balance amount with "Haj Committee" as

prescribed on the basis of their embarkation point from Indore, if any. Such

deposit shall be subject to final out-come of this petition.

10. In case the respondents authorities favorably consider the representation

of the petitioners and allot the embarkation point at "Mumbai", 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. Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 06-Jun-23 11:38:27 AM

11. List in the week commencing 19/06/2023 alongwith W.P.

Nos.11881/2023 and 11950/2023.

(VIJAY KUMAR SHUKLA) V. JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 06-Jun-23 11:38:27 AM