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[Cites 1, Cited by 4]

Supreme Court - Daily Orders

Union Of India vs All India Haj Umrah Tour Organizers ... on 7 August, 2014

¸$       ITEM NO.2                                    COURT NO.11                             SECTION IX

                                      S U P R E M E C O U R T O F                       I N D I A
                                              RECORD OF PROCEEDINGS

     PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 20743/2014
     (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 04/07/2014
     IN WPC NO. 1423/2014 PASSED BY THE HIGH COURT OF BOMBAY)

     UNION OF INDIA & ORS.                                                                   Petitioner(s)
                                                                 VERSUS

     ALL INDIA HAJ UMRAH TOUR ORGANIZERS ASSOCIATION
     & ORS.                                                                                    Respondent(
s)

     Date : 07/08/2014 This petition was called on for hearing today.

     CORAM :                        HON’BLE MR. JUSTICE RANJAN GOGOI
                                    HON’BLE MR. JUSTICE M.Y. EQBAL

     For Petitioner(s)                                Mr.   Neeraj Kishan Kaul, ASG
                                                      Mr.   Aman Ahluwalia, Adv.
                                                      Mr.   Ritin Rai, Adv.
                                                      Mr.   Sulaiman Khan, Adv.
                                                      Mr.   R.K. Verma, Adv.
                                                      Mr.   B. Krishna Prasad ,Adv.

     For Respondent(s)                                Mr.   K.V. Vishwanathan, Sr. Adv.
                                                      Mr.   Mohd. Ainul Ansari, Adv.
                                                      Mr.   Chandra Bhushan Prasad, Adv.
                                                      Mr.   Adeeba Mujahid, Adv.

                                                      Mr. Chandra Shekhar Suman, Adv.
                                                      Ms. Nilofar Qureshi, Adv.
                                                      Ms. Khushi Mohd., Adv.

                              UPON hearing the counsel the Court made the following
                                                    O R D E R

Heard Mr. Neeraj Kishan Kaul, learned Addi tional Solicitor General appearing for the petitioners a nd Mr. K.V. Vishwanathan, learned Senior Counsel appeari ng on behalf of the caveator - respondents and peruse d the relevant material.

Signature Not Verified

Digitally signed by Vinod Lakhina Date: 2014.08.07 16:49:48 IST Reason:

Page N o.1 of 3 It is not necessary for us to go into the merits of the controversy for the reason that Mr. K.V. Vishwanathan, learned Senior Counsel appearing for the respondent - Association representing the Private Tour Operators (PTOs) had made a statement, on instructions received from the General Secretary of the respondent Association who is present in Court, that for the present year its members, who are qualified tour operators under the Haj Policy of 2013, would be complying with the requirement of the Circular dated 28th April, 2014 insofar turnover of Rs.1 crore for the year 2012-2013 is concerned. This, however, would be without prejudice to their rights in the future. Subject to the above and upon compliance with all other requirements under the Circular dated 28th April, 2014, the cases of the members of the Association for release of quota be considered within the time frame as laid down.

Mr. Neeraj Kishan Kaul, learned Additional Solicitor General has raised an issue as to whether the Bombay High Court would have been competent to decide the matter in view of the order dated 16th April, 2013 passed by this Page No.2 of 3 Court in Union of India and others vs. Rafique Shaikh Bhikan and others reported in (2013) 4 SCC 699. The aforesaid contention would be considered as and when necessary in an appropriate case.

The Special Leave Petition is disposed of in the above terms.




    [VINOD LAKHINA]                                                 [SNEH LATA SHARMA]
      COURT MASTER                                                     COURT MASTER




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