Restrictions on HGO for late payment of GST not imposed as pilgrims registered will be affected

Trichy Sunshine Haj Services Vs Union Of India (Delhi High Court)

Delhi High Court held that restrictions and conditions to issuance of registration certificate to Haj Group Organizers (HGO) not imposed on account of late payment of GST as it would affect the pilgrims who have registered with HGO to undertake pilgrimage.

Facts- The instant petition has been filed invoking the writ jurisdiction of the Court for the purpose of challenging the action of the respondent in rejecting the application filed by the petitioner through email dated 19th May 2023 by Respondent for allocation of quota to the Haj Group Organizers (“HGOs”) for Haj 2023 in contravention of the Policy No. Haj-15/28/2022-HAJ-MoMA dated 14th March 2023 in violation of the Principles of Natural Justice, equity and good conscience and in violation of Article 14 and Article 19(1)(g) of the Constitution of India.

Petitioner ought to be registered as firms as per the policy notified by Respondent No. 1 vide Notification No. Haj- 15/28/2022-HAJ-MoMA dated 14th March 2023. Accordingly, vide application dated 23rd March 2023, the petitioner filed an application before the Respondent for the registration.

The respondent issued notice/circular inviting applications from eligible HGOs for registration and allocation of Quota for Haj-2023. The policy for registration and allocation of Quota for Haj- 2023 was also attached with the said notice.

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