Rashid Khan Rais Khan v. Haj Committee Of India Through Its Chief Executive Officer And Others
*1* 914a2t422a26t28wp6522o23 HAJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 914 WRIT PETITION NO.6522 OF 2023 SYED SHOEB SYED ANWAR QUADRI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
Advocate for the Petitioners : Shri S.S. Kazi AGP for Respondent 1/State : Shri S.W. Munde Standing Counsel for Respondents 2 and 3/UoI : Shri R.B. Bhosale ...
AND 2 WRIT PETITION NO.5771 OF 2023 MOHAMMAD AFSAR MAHMOOD KHAN AND OTHERS
VERSUS
HAJ COMMITTEE OF INDIA THROUGH ITS CHIEF EXECUTIVE OFF ...
AND 3 WRIT PETITION NO.5772 OF 2023 MOHAMMAD RAHEMAN SHAIKH AND ANOTHER
VERSUS
HAJ COMMITTEE OF INDIA THROUGH ITS CHIEF EXECUTIVE OFF ...
AND 4 WRIT PETITION NO.5773 OF 2023 RASHID KHAN RAIS KHAN
VERSUS
HAJ COMMITTEE OF INDIA THROUGH ITS CHIEF EXECUTIVE OFF ...
Advocate for the Petitioners in Sr.Nos.2 to 4 : Shri M.N. Sayyed Standing Counsel for Respondents 1 to 3/UoI : Shri R.R.Bangar
*2* 914a2t422a26t28wp6522o23 HAJ AGPs for Respondent 4/State : Shri V.M. Kagne, Shri S.W. Munde and Shri S.B. Yawalkar in the respective petitions. ...
CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.
DATE :- 23rd June, 2023 Per Court :- 1.
The Writ Petitions at Sr.Nos. 2, 3, 4, 22, 26, 27 and 28 were not on the Board. Since the common issue is involved, they are mentioned and are taken on the Production Board. 2.
These are the petitions with regard to the purported disproportionate charges towards embarkation, levied by the Haj Committee. In identical matters, we have directed the Petitioners to tender fresh representations through email, if not already tendered. If such representations are pending, we have directed the Haj Committee of India to decide the said representations on their merits and if any Petitioner is found entitled for refund, the refund should be paid expeditiously.
3.
We have also mentioned in our earlier orders that the Haj Committee should endeavour to have parity in the embarkation charges between the embarkation point at Mumbai
*3* 914a2t422a26t28wp6522o23 HAJ and the embarkation point at Aurangabad and also look into an option of permitting the Haj pilgrims to shift their embarkation point from Aurangabad to Mumbai and vice versa, without additional charges.
4.
In view of the above, these Writ Petitions are disposed off with the following directions:- (a) In the event the Petitioners have already tendered their representations, the Haj Committee would consider the same for either change in embarkation point or for drawing parity in embarkation charges.
(b) Grant refund to the pilgrims if they have been charged any excess amount for the embarkation point at Aurangabad in comparison to the rates for the embarkation point at Mumbai.
(c) If the representations are not filed by any of the Petitioners, they are at liberty to tender their representations even after returning from the Haj pilgrimage and such representations would be considered by the Haj Committee in the light of the above directions.
kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)