TMI Blog2023 (6) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... hereafter a large number of HGOs have been declared ineligible, which has led to the filing of the present writ petitions. The said petitions have also been heard by this Court along with the previously filed petitions over the last three hearings. W.P.(C) 6495/2023 CM APPLs. 27734-35/2023 - W.P.(C) 6496/2023 CM APPLs. 27738-39/2023 Deficiency leading to the Petitioners being rendered ineligible, is that the original hard copy of the FDR and the demand draft have not been submitted in terms of the Policy - HELD THAT:- It is clear that the hard copy of the FDR has been handed over to the Ministry along with demand draft. In both these matters, this fact is confirmed by the officials who are present in Court - let the quota be allocated to Petitioners- Harmain Tour and Travel and Hasnain Tours and Travels in terms of the Haj Policy 2023 - Petition disposed off. W.P.(C) 7120/2023 CM APPLs. 27750-52/2023 Allotment of quota has been rejected by the Ministry on 19th May, 2023 on the ground that the earlier proprietor of the Petitioner firm has passed away, the existing experience of the Petitioner firm cannot be taken into account for the allocation of quota as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8442/2023, W.P.(C) 7336/2023 CM APPL. 28528/2023, W.P.(C) 7345/2023 CM APPL. 28543/2023, W.P.(C) 6466/2023 CM APPLs. 27736-37/2023, W.P.(C) 6495/2023 CM APPLs. 27734-35/2023, W.P.(C) 7095/2023 CM APPLs. 27614-16/2023 W.P.(C) 7098/2023 CM APPL. 27623/2023 W.P.(C) 7099/2023 CM APPL. 27626/2023 W.P.(C) 7102/2023 CM APPL. 27630/2023, 27631/2023 W.P.(C) 7104/2023 CM APPL. 27639/2023 W.P.(C) 7107/2023 CM APPL. 27645/2023 W.P.(C) 7110/2023 CM APPL. 27649/2023 W.P.(C) 7114/2023 CM APPL. 27744/2023 W.P.(C) 7120/2023 CM APPLs. 27750-52/2023 W.P.(C) 7126/2023 CM APPLs. 27769-70/2023 W.P.(C) 7127/2023 CM APPLs. 27771-72/2023 W.P.(C) 7128/2023 CM APPLs. 27773-74/2023 W.P.(C) 7130/2023 CM APPL. 27775/2023 W.P.(C) 7132/2023 CM APPL. 27777/2023 W.P.(C) 7148/2023 and CM APPL. 27874/2023, 27875/2023 W.P.(C) 7150/2023 CM APPLs. 27876/2023, 27877/2023 W.P.(C) 7151/2023 CM APPLs. 27878/2023, 27879/2023 W.P.(C) 7152/2023 CM APPLs. 27880/2023, 27881/2023 W.P.(C) 7189/2023 CM APPL. 27976/2023 W.P.(C) 7197/2023 CM APPLs. 27995/2023, 27996/2023 W.P.(C) 7200/2023 CM APPL. 28004/2023 W.P.(C) 7206/2023 CM APPLs. 28016/2023, 28017/2023 W.P.(C) 7219/2023 CM APP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vt. Ltd., Tamboli Tours And Travels Pvt. Ltd., Maha Tours And Travels, Ghouse Tours And Travels, Al Hatim Tours And Travels Pvt. Ltd. Poona Travels Pvt. Ltd., Sania Haj Services, Al Muqaddas Tour And Travels, Al Hateem Tours And Travels, Quadri Haj Service, M/s. Iqrah Haj Cell Tours And Travels Ors., Al Meena Tours And Travels Pvt. Ltd., Al Amal Tours And Travels Pvt. Ltd., Al Manasik Tours International, Al Razack Tours International, M/s. Al Mohsin Tours And Travels, S.S. Hajj Corporation, Al Meezab Haj And Umrah Services, Al Taiyba Tours And Travels, Saudi Tours And Travels, Mubarak Haj And Umra Services, Syedina Tours And Travels, Rizhwan Haj And Umra Services, Baitullah Tours International, Dheen Haj Service, Razak And Sons Kakiwala Tours And Travels, Federation Haj Ptos Of India, AL Jamil Haj Tours, Sidra Tours And Travels Private Limited, Al Falah Tours And Travels, Al Burhan Tours And Travels, Ahmed World Travel Tours And Cargo Pvt. Ltd. Versus Union Of India PRATHIBA M. SINGH, J.(ORAL) 1. This hearing has been done through hybrid mode. 2. These are petitions relating to various Haj Group Organizers (HGOs) and allotment of quota for Haj pilgrimage 2023. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were directed to prepare a chart as to the reasons for ineligibility of the HGOs and the said charts have been perused by the Court. Charts have been filed by both sides. W.P.(C) 6495/2023 CM APPLs. 27734-35/2023 W.P.(C) 6496/2023 CM APPLs. 27738-39/2023 8. In these two petitions, as per the letter dated 10th May, 2023, the deficiency leading to the Petitioners being rendered ineligible, is that the original hard copy of the FDR and the demand draft have not been submitted in terms of the Policy. 9. Today, after hearing submissions of the ld. Counsel it is clear that the hard copy of the FDR has been handed over to the Ministry along with demand draft. In both these matters, this fact is confirmed by the officials who are present in Court. 10. Accordingly, let the quota be allocated to Petitioners- Harmain Tour and Travel and Hasnain Tours and Travels in terms of the Haj Policy 2023. 11. The present petitions, along with all pending applications, are disposed of. 12. The next date of hearing in these matters stands cancelled. W.P.(C) 7120/2023 CM APPLs. 27750-52/2023 13. In this case, the application of the Petitioner Al Muqaddas Tou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .P.(C) 7098/2023 CM APPL. 27623/2023 W.P.(C) 7099/2023 CM APPL. 27626/2023 W.P.(C) 7104/2023 CM APPL. 27639/2023 W.P.(C) 7107/2023 CM APPL. 27645/2023 W.P.(C) 7110/2023 CM APPL. 27649/2023 W.P.(C) 7114/2023 CM APPL. 27744/2023 W.P.(C) 7130/2023 CM APPL. 27775/2023 W.P.(C) 7132/2023 CM APPL. 27777/2023 W.P.(C) 7150/2023 CM APPLs. 27876/2023, 27877/2023 W.P.(C) 7189/2023 CM APPL. 27976/2023 W.P.(C) 7200/2023 CM APPL. 28004/2023 W.P.(C) 7219/2023 CM APPLs. 28127/2023, 28128/2023 W.P.(C) 7233/2023 CM APPLs. 28201/2023, 28202/2023 W.P.(C) 7254/2023 CM APPLs. 28245/2023, 28246/2023 W.P.(C) 7270/2023 CM APPLs. 28281/2023, 28282/2023 W.P.(C) 7271/2023 CM APPLs. 28283/2023, 28284/2023 W.P.(C) 7354/2023 CM APPL.28632/2023 21. It has been observed by the Court that in a large number of matters, the main deficiency relates to alleged non-payment of GST. 22. Clause 3 of the Haj Policy 2023 specifies the requirement of GST in the following terms: 3. Details of registration for GST including a certificate of registration in the name of HGO duly issued by the competent authority. The HGOs must note that evidence of payment of all statutory dues and ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... post filing of the application. 26. This Court has examined the factual position in respect of all the HGOs and notices that there are certain HGOs which satisfy the following two conditions: i. HGO has a GST registration certificate; ii. Some GST payments have been made prior to the filing of the application; In respect of the above said HGOs, the stand of the Ministry is that the full amount of GST has not been paid qua the total turnover; 27. The HGOs which fulfil the above two conditions in respect of whom there is only a discrepancy as to amount of GST deposited, are as under: S. No. Case No. Petitioner(s) 1. W.P.(C) 7336/2023 AL MAKKAH HAJ SERVICES 2. W.P.(C) 7345/2023 M. S. WORLD TRAVEL SERVICES 3. W.P.(C) 7095/2023 1) HAJIPIR HAJ TOUR 2) FAIZ INTERNATIONAL TOURS AND TRAVELS 4. W.P. (C) 7098/2023 SHOYEB TOURS AND TRAVELS PVT. LTD. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turnover are all intricate issues which the GST authorities would be examining qua each of the HGOs. The same would depend on the period, applicable rates etc., So long as the HGOs have a GST registration and have an explanation for the manner in which they have calculated and deposited GST prior to them filing of the application for allotment of quotas, disqualifying them would be unjust. The Ministry of Minority Affairs is not the competent authority to deal with these issues, though an attempt has been made to explain that the eligible HGOs have made full GST deposits. 29. On the last date of hearing, the Court was handed over a chart in which details of the quota available with the Ministry were given. The said details are captured in the order dated 24th May, 2023 in the following terms: 4. The quota for Haj 2023 has been finalized in respect of a large quantum of HGOs. The total quota that is available with the Ministry is to the tune of 35005 . Details of distribution of quota by the Ministry is as under: Category 1 Category 2 Quota of allocated seats- 24,504 seats (70% of the total seats) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y with a minimum of 50/100 seats as per their category to the HGOs which are listed above at paragraph number 27. d) Any quota which may be left over, thereafter, shall be dealt with in accordance with the Haj Policy, 2023. 32. The present petitions are disposed of in the above terms. 33. All pending applications are also disposed of. 34. It is noted that subsequent to the implementation of the present order the quota for HGOs would stand exhausted and in any case, large scale arrangements are to be made for the pilgrims. Thus, it is made clear that these orders are passed in the unique facts and circumstances and shall not act as a precedent. 35. The next date of hearing in these matters stands cancelled, if any. 36. The Court would like to acknowledge the valuable assistance given by the counsels/persons in preparing the charts and assisting the court: For the Petitioners: Mr. Sulaiman Mohd. Khan, Mr. Bharat Raichandani, Mr Kotla Harshavardhan, Advocates. For the Respondents: Mr. Anurag Ahluwalia, ld. CGSC, Ms. Pratima N. Lakra, ld. CGSC, Mr. S.S. Verma (Deputy Secretary, Ministry of Minority Affairs) and Mr. Gaurav Jaiswal, Consultant. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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