Case Law Details
AL Hatim Tours And Travels Pvt. Ltd. Vs Union of India (Delhi High Court)
The petitioners are private Haj Operators (HGO). They arrange tours to the holy shrines of Mecca/Madina in Kingdom of Saudi Arabia. The Government of India has an agreement with the Kingdom of Saudi Arabia, per which, quotas are allotted to India for number of tourists visiting for Haj. 30 percent of such quotas are meant for private HGOs. The Government of India issued the HAJ Policy, 2023, per which, HGO are to be registered for allocation of quota. The petitioners have been allocated quotas for last several years. However, this time, the application for registration was rejected holding that the petitioners were not eligible. Hence, petitioners are before the court.
The petitioners contended that : (i) no reason has been provided for rejection, (ii) rejection is unilateral and without opportunity of being heard, (iii) the petitioners have been allocated quota for several years and hence, eligibility is not in doubt.
The Hon’ble Delhi High Court allows the petitions and directs the respondent ministry to provide reasons for rejection by 10.05.2023, the petitioners to file their submissions by 12.05.2023 and decision to be taken and communicated within a week therefrom and allot quotas accordingly. In the mean time, records statement that the quotas eligible for the petitioners would not be exhausted.
FULL TEXT OF THE ORDER OF ITAT DELHI
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