Union Of India Through Its Secretary (Haj) v. Ibrahim Gulam Nabi Shaikh And 3 ORS

904-RPWL.41.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION (L) NO. 41 OF 2016 IN WRIT PETITION (L) NO. 1357 OF 2016 Union of India } Petitioner versus Ibrahim Gulam Nabi Shaikh } and Ors.

} Respondents Mr. Anil Singh - Additional Solicitor General with Mr. Sandesh Patil, Mr.Dhanesh R. Shah and Mr. D. P. Singh for the petitioner.

Mr. Hiralal Thacker - Senior Advocate with Mr. Joseph Fernandes for respondent no. 1.

Mr. Umashankar Upadhyay - AGP for respondent no. 2.

CORAM :- S. C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATED :- OCTOBER 4, 2016 P.C. :- (In Chamber) 1.

We have heard the learned Additional Solicitor General appearing in support of this review petition for the Union of India and Mr. Thacker learned senior counsel appearing for the original petitioner/respondent no. 1. We have perused the review petition and the order under review.

J.V.Salunke,PA

904-RPWL.41.2016.doc 2.

We have, in the order under review, only interpreted a legal provision under the Haj Committee Act, 1959. We have not touched upon anything, which is now sought to be projected, namely, either the appointment or continuation of the original petitioner as a Haj Committee Member is vitiated on account of alleged adverse security report.

3.

We do not think that an aspect not covered by the order under review or the challenge raised in the original petition can be gone into at the instance of the respondent to the original petition and in the manner suggested before us. The review petition is entirely misconceived and it is dismissed. (DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA