Md. Rajhib Azam v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13522 of 2014 ====================================================== Md. Rajhib Azam, son of Late Md. Habibur Rahman, resident of Mohalla - Shantipuri Belbanwa, P.S. Motihari Town, P.O. Motihari, Ward No.23, District - West Champaran .... .... Petitioner.
Versus
1. The Union of India through its Secretary, Ministry of External Affairs, North Block, New Delhi.
2. The Director, Haj Committee of India, Haj House, 7 - A, MRA MARG ( Palton Road ), Mumbai 400001.
3. The In Charge, Zonal II, ( Bihar Jharkhand, Uttarpradesh and Uttrakhand ), Haj Committee of India, Haj House, 7 - A, MRA MARG ( Palton Road ), Mumbai 400001.
4. The Executive Officer, Bihar State Haj Committee, Haj House, 34, Hardinge Road, Patna - 800001.
5. The Secretary, Ministry of Civil Aviation, Union of India, New Delhi
6. The Secretary, Department of Minority Welfare, Government of Bihar, Old Secretariat, Patna - 1.
.... .... Respondents.
====================================================== Appearance :
For the Petitioner : Mr. Praveen Kumar For the State : Mr. Anjani Kumar, AAG-6. For the Union of India : Mrs. Nivedita Nirvikar. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) ------------ 09-01-2015 The petitioner initiated these proceedings by way of Public Interest Litigation under Article 226 of the Constitution of India. His grievance is that the Respondents are not properly operating the Scheme, which is framed for the benefit of Haj Pilgrims. It is stated that while in same cases genuine applicants
Patna High Court CWJC No.13522 of 2014 (2) dt.09-01-2015 2/3 are denied the benefit of the Scheme, in several cases, it is extended to the persons, who do not deserve the same, and the respondents are acting, contrary to law. The petitioner seeks direction to the Respondents to operate the Scheme on the basis of "First come-First serve". The petitioner claims that he has been the Haj Pilgrim, twice.
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Union of India. The Government introduced a Scheme of financial aid for the benefit of Haj Pilgrims, to certain extent of travel expenditure. The Scheme, not only defines the eligible criteria but also provides for mechanism for payment and the mode, including the quantum and stages. If any applicant has been denied the benefit under the Scheme, the concerned person can claim relief. A semblance of the latitude can also be given to the petitioner to seek the correction of wrongs, if any. Same is the case, if the benefit was extended to any undeserving persons. The writ petition, however, is bereft of any particulars, except that it made general, abstract and vague allegations. The petitioner did not cite the instance of any violation of the scheme.
We, therefore, dismiss the writ petition.
Patna High Court CWJC No.13522 of 2014 (2) dt.09-01-2015 3/3 Interlocutory Application, if any, stands disposed of. There shall be no order as to costs.
(L. Narasimha Reddy,CJ) (Rajendra Kumar Mishra, J) P.S./-Bhardwaj U