Ajaz Nagori vs Bharat Sang Through Sachiv
2023 Latest Caselaw 8143 MP

                                          1

        IN THE HIGH COURT OF MADHYA PRADESH
                               AT I N D O R E
                              W.P. No.12083/2023
     (AIZAZ NAGORI S/O MOHD. UMAR NAGORI AND OTHERS Vs UNION OF INDIA AND OTHERS)



Dated : 25-05-2023

         Shri Manish Yadav, learned counsel for the petitioners.
         Shri Himanshu Joshi, learned Deputy Solicitor General for the
respondent No.1 - Union of India.

Heard on IA No.3549/2023, an application for urgent hearing of the matter during Summer Vacation.

2. For the reasons stated in the application, the same is hereby allowed. Accordingly, IA No.3549/2023 stands disposed of.

3. Also heard on IA No.3548/2023, an application for ignoring defect.

4. On due consideration, the same is also hereby allowed. Accordingly, IA No.3548/2023 stands disposed of.

5. Heard on the question of admission as well as on interim relief.

6. 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.

7. 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".

8. 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).

9. 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".

10. In short the contention of the petitioners is that the circular discriminates 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.

11. Learned counsel for the respondent No.1, 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.

12. 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.

13. 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.

14. 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.

15. List in the week commencing 19/06/2023 alongwith W.P. Nos.11881/2023, 12085/2023 & 11950/2023 for analogues hearing.

C.C. as per rules.

(S.A. DHARMADHIKARI) VACATION JUDGE Aiyer* Digitally signed by JAGADISHAN AIYER Date: 2023.05.26 12:23:16 +05'30'