Mussarraf Hussain S/o. Sabder Khan v. Union of India
2025-01-24
MANISH CHOUDHURY
body2025
DigiLaw.ai
ORDER : Heard Mr. A.K. Ahmed, learned counsel for the petitioners; Mr. S.S. Roy, learned Central Government Counsel [CGC] for the respondent no. 1; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent no. 3. 2. The learned counsel for the parties have submitted that the writ petition can be disposed of at the motion stage itself, as another writ petition, involving similar issue, has already been disposed of and this writ petition may also be disposed of with similar observations and directions. The present writ petition is, therefore, taken up for disposal at the motion stage itself, as proposed by the learned counsel for the parties. 3. The case of the petitioners, as projected, is that petitioners are Haj pilgrims during Haj 2023. In 2023, tender was called for chartered flight and after finalising the tender, selected Haj pilgrims of Assam were asked to deposit Rs. 3,82,297/- each for Haj expenditure including the air fare of the chartered flight. The learned counsel for the petitioners has submitted that out of Rs. 3,82,297/-, Rs. 1,54,694/- was collected as air fare of the chartered flight from Guwahati to Jeddah. However, during the boarding at Guwahati, embarkation pilgrims of Assam were asked to take normal passenger flight instead of international chartered flight. It is the case of the petitioners that though the Haj Committee of India had cancelled the chartered flight from Guwahati but the excess amount which was deposited by the pilgrims for the chartered flight was not refunded. The petitioners accordingly submitted various representations including a representation dated 03.11.2024, addressed to the Chief Executive Officer, Haj Committee of India seeking for the refund of the excess amount which was collected from Haj pilgrims but the Haj Committee as of date, has not disposed the representations nor refunded the amount to the petitioners. Being aggrieved, the present petition has been filed with the limited prayer to direct the Haj Committee of India to dispose the representations submitted by the petitioners in accordance with Section 42 of the Haj Committee Act, 2002. 4. The learned counsel for the parties are in unanimity that the present writ petition can be disposed of with the direction to the Haj Committee of India to dispose of the representations in accordance with Section 42 of the Haj Committee Act, 2002. The learned counsel for the parties have further submitted that 91 nos.
4. The learned counsel for the parties are in unanimity that the present writ petition can be disposed of with the direction to the Haj Committee of India to dispose of the representations in accordance with Section 42 of the Haj Committee Act, 2002. The learned counsel for the parties have further submitted that 91 nos. of persons, who are similarly situated like the petitioners herein, had earlier approached this Court by way of a writ petition, W.P.[C] no. 6257/2024, with similar kind of prayer and the said writ petition was disposed of by an order dated 29.11.2024. The learned counsel for the parties have submitted that this writ petition may also be disposed of with a similar observations and directions made in the writ petition, W.P.[C] no. 6257/2024. 5. In the light of the submissions made by the learned counsel for the parties, this Court proposes to dispose of the writ petition with a direction to the respondent no. 2 to dispose of the representations submitted by the petitioners strictly in the light of the provisions contained in Section 42 of the Haj Committee Act, 2002. Accordingly, the respondent no. 2 shall dispose of the representations submitted by the petitioners by speaking order after hearing the petitioners and by adhering to the mandate of Section 42 of the Haj Committee Act, 2002. All exercise for compliance of this order shall be completed within a period of 90 [ninety] days from the day of passing of this order. 6. Accordingly, the writ petition stands disposed of.