M/S Nabiya Travels vs. Union Of INDIA Through Ministry Of Minority Affairs

W.P.(C)/4277/2024HC DelhiGSTCNR DLHC01014726202421 March 2024Bench: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD3 pages

For Petitioner: Mr. Kotla Harshavardhan, Mr. Sougat Mishra, Mr. Shaurya Singh, Ms. Gayatri Gupta and Mr. Shivam Mishra, AdvocatesFor Respondent: Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Mr. Kartik Baijal, Mr. Sumit Goel and Mr. Aditya Singh, Advocates

AI SummaryRemanded

Facts

The Petitioner, M/s Nabiya Travels, filed a Writ Petition before the Delhi High Court challenging an order dated 29.02.2024, an Office Memorandum dated 01.03.2024, and a communication dated 11.03.2024 issued by the Respondent, the Ministry of Minority Affairs. The Petitioner sought a writ to quash these orders and a declaration of eligibility for registration and allocation of visas for Haj 2024 as a Haj Group Operator (HGO). The Petitioner also prayed for a direction to accept their application for Haj 2024 or, alternatively, to declare them eligible for Haj 2025 and compensate them for losses. The Petitioner clarified that previous rejections for Haj 2020-2023 were due to a mismatch in GST numbers, which was subsequently set aside by this Court in a prior judgment.

Held

The Court took the statement of the learned Counsel for the Respondent on record, wherein it was stated that the representation of the Petitioner would be decided by 31.03.2024 positively. Consequently, the Writ Petition was disposed of along with pending applications. The Court explicitly stated that it had not made any observations on the merits of the case. The operative direction was to await the decision on the Petitioner's representation by the Respondent by the stipulated date. The core issue of eligibility for Haj 2024 registration and visa allocation was not decided on merits but was deferred pending the Respondent's decision on the Petitioner's representation.

Key Issues

1. Whether the Petitioner is eligible for registration and allocation of visas of Haj Group Operators (HGOs) for Haj 2024 under the applicable Haj Policy 2024, and consequently, whether their application dated 14.01.2024 should be accepted. Petitioner's Argument: The Petitioner contended that any previous defects in their application for Haj 2020-2023, specifically a mismatch of GST Numbers, were rectified and had been set aside by a previous judgment of this Court dated 25.05.2023 in W.P.(C) 7120/2023. They argued that they are eligible for the current Haj 2024 registration. Respondent's Argument: The Respondent stated that the representation of the Petitioner would be decided by 31.03.2024 positively. No other arguments were recorded.

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Cause title — parties, addresses and appearances

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4277/2024 M/S NABIYA TRAVELS ..... Petitioner Through: Mr. Kotla Harshavardhan, Mr. Sougat Mishra, Mr. Shaurya Singh, Ms. Gayatri Gupta and Mr. Shivam Mishra, Advocates. versus UNION OF INDIA THROUGH MINISTRY OF MINORITY AFFAIRS ..... Respondent Through: Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Mr. Kartik Baijal, Mr. Sumit Goel and Mr. Aditya Singh, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R %

21.03.

2024 CM APPLs. 17562-63/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 4277/2024 & CM APPL. 17561/2024

The present Writ Petition has been filed with the following prayers: “(a) Issue a writ, order, or direction, in the nature of certiorari and quash Order dated 29.02.2024 (Ref: Annexure P-1) bearing Ref. No. Computer No. 134773 in F. No. HAJ-15/28/2022-HAJ-MoMA qua the Petitioner; quash the Office Memorandum dated 01.03.2024 (Ref: Annexure P-2); and quash the Communication dated 11.03.2024 (Ref: Annexure P-3) issued to the Petitioner by the Respondent. This is a digitall

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