Aftab Uddin Mazumder and 2 Ors v. The Union of India and 4 Ors

ORDER

22.05.2024 Heard Mr. M.H. Saikia, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the respondents No. 1 & 2 and Ms. M.D. Bora, learned counsel for the respondent No. 3 & 5.

¶2None appears for the respondent No. 4.

¶3The present writ petition has been disposed at the motion stage as proposed by the learned counsel for the parties.

¶4The case of the petitioner as projected by the learned counsel for the petitioner 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 Page No.# 3/4 asked to deposit Rs. 3,82,297/- for Haj expenditure including the air fare of the chartered flight.

¶5The learned counsel for the petitioner submits 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 petitioner 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 two representations addressed to the Chief Executive Officer, Haj Committee of India on 27/09/2023 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 dated 27.09.2023 submitted by the petitioner in accordance with section-42 of the Haj Committee Act, 2002.

¶6Mr. M.H. Saikia, learned counsel for the petitioner, Mr. K. Gogoi, learned counsel for the respondents No. 1 & 2 and Ms. M.D. Bora, learned counsel for the respondent No. 3 & 5 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 dated

27.09.2023 in accordance with section-42 of the Haj Committee Act, 2002.

¶7In 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 Chief Executive Officer, Central Haj Committee Office, Mumbai Pin-400001, Maharashtra to dispose the representations submitted by the petitioner on 27.09.2023 strictly in the light of the provisions contain in section-42 of the Haj Committee Act, 2002.

¶8Accordingly, the Haj Committee of India i.e. the respondent No. 2 shall dispose Page No.# 4/4 the representations dated 27.09.2023 submitted by the petitioner 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 90(ninety) days from the day of passing of this order.

¶9Writ petition stands disposed. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010069292024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1884/2024o AFTABoUDDINoMAZUMDERoANDo2oORS.o S/O-oABDULoMUSABBIRoMAZUMDER,oR/O-oBHAJANTIPURoPT-II,o HAILAKANDI-788155. 2:oSAIYADURoRAHMANoCHOUDHURY oS/O-oSIRAJoUDDINoCHOUDHURY R/O-oRANGAUTI oHAILAKANDI-788155. 3:oABULoHUSSAINoLASKAR oS/O-oLATIFURoRAHMANoLASKAR oR/O-KANCHANPURoPT-1 oHAILAKANDI-788152.oREPRESENTINGoTHEoHAILAKANDIoHAJJoPILGRIMSo WELFAREoCOMMITTEE oHAVINGoSAMEoCAUSEoOFoACTIONo VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oDEPTT.oOFo MINISTRYoOFoMINORITYoAFFAIRS,o11THoFLOORoPT.oDEENDAYALo UPADHAYAoBHAWAN,oCGOoCOMPLEX,oLODHIoROAD,oNEWoDELHI-110003. 2:CHIEFoEXECUTIVEoOFFICER oCENTRALoHAJoCOMMITTEEoOFoINDIA oHAJoHOUSE-7-A oM.R.AoMARG oMUMBAI-400001 oINDIA. 3:THEoEXECUTIVEoOFFICER oASSAMoSTATEoHAJoCOMMITTEE Page No.# 2/4 DISPUR NEAR TREASURY OFFICE ASSAM SECRETARIAT COMPLEX DISPUR GHY-781006. 4:CHAIRMAN JOINT STATE HAJ COMMITTEE ASSAM MEGHALAYA ETC DISPUR GHY-781006. 5:STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM MINORITY AFFAIRS DISPUR GHY-781006 Advocate for the Petitioner : MR. N H MAZARBHUIYAN Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA