Abbas Khan vs Haj Committee Of India
2023 Latest Caselaw 8201 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     WP No. 12433 of 2023
                                    (ABBAS KHAN AND OTHERS Vs HAJ COMMITTEE OF INDIA AND OTHERS)

                         Dated : 05-06-2023
                               Shri Imtiaz Husain - Senior Advocate with Shri Ishteyaq Husain -

                         Advocate for petitioners.
                               Shri G.P. Singh - Government Advocate for State.

                               Heard on the question of admission as well as on interim relief.
                               2 . 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 Bhopal.
                               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 Bhopal.

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 between the pilgrims having embarkation point from Mumbai and Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 6/5/2023 5:39:00 PM

having embarkation point from Bhopal. 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 Bhopal 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 Bom bay 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 Bhopal 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 Bhopal, 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

Signature Not Verified petitioners shall be entitled for refund of excess amount deposited by them. Signed by: MOHD IRFAN SIDDIQUI Signing time: 6/5/2023 5:39:00 PM

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

11. List in the week commencing 19/06/2023 along with W.P. No.12246 of 2023.

C.C. today.

(ACHAL KUMAR PALIWAL) V. JUDGE

irfan

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 6/5/2023 5:39:00 PM