SUBHAN TOURS AND TRAVEL SERVICES Vs UNION OF INDIA
Bench: ABHAY MANOHAR SAPRE,ASHOK BHUSHAN
Case number: W.P.(C) No.-000239-000239 / 2016
Diary number: 13311 / 2016
Advocates: SAYID MARZOOK BAFAKI Vs
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Reportable
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
WRIT PETITION NO. 239 OF 2016
Subhan Tours & Travel Services Petitioner (s)
VERSUS
Union of India Respondent(s)
WITH
WRIT PETITION Nos. 844 & 845 OF 2015, 70, 71 & 72 of 2016, 831 of 2015, 166, 211, 246, 263, 279, 280,318, 319, 320, 325, 344, 286, 317, 64, 362, 363, 364,310, 360, 328, 369, 368 & 262 of 2016
J U D G M E N T
Abhay Manohar Sapre, J.
1) This decision shall dispose of all the writ
petitions because as stated by the learned counsel
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appearing for the parties, all these writ petitions
essentially involve common issues.
2) These writ petitions are filed by the writ
petitioners under Article 32 of the Constitution of India
for claiming following reliefs.
“(a) Issue a Writ, order or direction in the nature of Mandamus commanding and directing the respondents to accept application for registration and issue Registration Certificate as PTO under Category II for conducting Haj Tour, 2016;
(b) Issue a Writ, order or direction in the nature of Mandamus commanding and directing the respondents to consider the right of first registration to the Petitioner for conducting Haj Tour, 2016-2017;
(c) Pass such other and further orders as this Hon’ble Court may think fit in the interest of justice and equity.”
3) The writ petitioners are private tour operators
(PTOs) who are sending pilgrims for Hajj. According
to them, they are duly registered and qualified tour
operators who have so far undertaken several tours for
Hajj successfully in the past and there is nothing
against any of them, which may debar them from
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undertaking the similar tour this year also which is
essentially a tour for the benefit of pilgrims going for
Hajj.
4) It appears from the reading of the writ petitions
that these writ petitioners have a grievance based on
some kind of apprehension that their applications, if
made or those which are pending with the authorities
for grant of permission to undertake Hajj Yatra for the
current year 2016, are likely to be rejected or would be
rejected thereby making their apprehension a reality
and grievance infructuous. It is essentially with this
kind of apprehension asserted in the writ petitions,
these writ petitions are filed for grant of
aforementioned reliefs.
5) Shri Neeraj Kishan Kaul, learned Additional
Solicitor General appearing for the respondent-Union
of India at the very outset fairly made a statement that
so far no decision has been taken on any of the
applications made by these PTOs (writ petitioners) by
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the authorities. Learned counsel also stated that let
each writ petitioner make a fresh application for grant
of permission with necessary details and documents
as prescribed latest by 27.05.2016 to the concerned
authorities and each such application once made
would be examined, considered and decided in
accordance with law on its individual merits by the
authorities concerned and reasoned order would be
passed on each such application latest by 29.06.2016
under intimation to each applicant.
6) Though learned counsel for the writ petitioners
and learned Additional Solicitor General argued the
matter with reference to previous orders passed by this
Court on the issues sought to be raised, we are not
inclined to go into any of these questions because as
mentioned above, it is not necessary to go into it at all
in the light of the statement made by the learned
Additional Solicitor General. We, therefore, express no
opinion on any of the issues.
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7) Learned counsel appearing in three writ petitions
namely Writ Petition Nos. 262, 263 and 364 of 2016,
however, made attempt to urge that the cases of these
three writ petitions involve some different point. We
have heard the learned counsel and find that at this
stage it is not necessary to go into the merits of writ
petitions.
8) In the light of aforesaid discussion and keeping in
view the statement made by the Additional Solicitor
General on behalf of the respondent-Union of India, we
dispose of these writ petitions finally by granting
liberty to each writ petitioner to make a fresh
application with all the necessary details with the
documents as prescribed for grant of permission to
take the pilgrims for Hajj for the year 2016 on or
before 27.05.2016 to the prescribed authority.
9) On such application(s) being made, the
concerned authority would examine, consider and
decide each such application on its merit strictly in
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accordance with law and keeping in view the law laid
down in the decisions of this Court in Union of India
& Ors. vs. Rafique Shaikh Bhikan & Ors., 2013 (4)
SCC 699, Order dated 07.08.2014 passed in Special
Leave Petition (c) No. 20743/2014 entitled Union of
India & Ors. vs. All India Haj Umrah Tour
Organizers Association & Ors., Order dated
07.08.2014 passed in Writ Petition (civil) No.
480/2014 etc.etc. entitled Jeddah Travels & Jeddah
Hajj Group vs. Union of India, Order dated
12.05.2015 passed in I.A. No. 33 of 2015 in Special
Leave Petition (c) No. 28609/2011 entitled Union of
India vs. Rafique Sheikh Bhikan and others and
Order dated 23.07.2015 in W.P.(civil) No. 344/2015
entitled Alban Hajj Umrah Service vs. Union of
India.
10) Let the applications be decided by the concerned
authority by passing a reasoned order on each
application on or before 29.06.2016 and the order so
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passed be communicated to each applicant(writ
petitioner) immediately.
11) The writ petitions are disposed of.
.……...................................J. [ABHAY MANOHAR SAPRE]
………..................................J. [ASHOK BHUSHAN]
New Delhi, May 18, 2016.
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