In this PIL challenging the Haj financial aid scheme, the High Court dismissed the petition. The court found the grievance as consisting of general, abstract, and vague allegations without citing specific instances of violation, and therefore found it bereft of particulars.
None; Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13522 of 2014
====================================================== Md. Rajhib Azam, son of Late Md. Habibur Rahman, resident of Mohalla - Shantipuri Belbanwa, P.S. Motihari Town, P.O. Motihari, Ward No.23, District - West Champaran .... .... Petitioner. Versus
.... .... Respondents.
====================================================== Appearance : For the Petitioner : Mr. Praveen Kumar For the State : Mr. Anjani Kumar, AAG-6. For the Union of India : Mrs. Nivedita Nirvikar.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court CWJC No.13522 of 2014 (2) dt.09-01-2015 2/3
are denied the benefit of the Scheme, in several cases, it is extended to the persons, who do not deserve the same, and the respondents are acting, contrary to law. The petitioner seeks direction to the Respondents to operate the Scheme on the basis of “First come-First serve”. The petitioner claims that he has been the Haj Pilgrim, twice.
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Union of India.
The Government introduced a Scheme of financial aid for the benefit of Haj Pilgrims, to certain extent of travel expenditure. The Scheme, not only defines the eligible criteria but also provides for mechanism for payment and the mode, including the quantum and stages. If any applicant has been denied the benefit under the Scheme, the concerned person can claim relief. A semblance of the latitude can also be given to the petitioner to seek the correction of wrongs, if any. Same is the case, if the benefit was extended to any undeserving persons. The writ petition, however, is bereft of any particulars, except that it made general, abstract and vague allegations. The petitioner did not cite the instance of any violation of the scheme.
We, therefore, dismiss the writ petition.
Patna High Court CWJC No.13522 of 2014 (2) dt.09-01-2015 3/3
Interlocutory Application, if any, stands disposed of.
There shall be no order as to costs.
(Rajendra Kumar Mishra, J)
P.S./-Bhardwaj
U
1 issue framed by the court
Whether the petitioner is entitled to directions for operating the Haj financial aid scheme on a 'First come-First serve' basis given the lack of specific particulars of violation.
1 provisions across 1 enactments
Md. Rajhib Azam
Union of India
Director, Haj Committee of India
In Charge, Zonal II, Haj Committee of India
Executive Officer, Bihar State Haj Committee
Government of Bihar
THE CHIEF JUSTICE
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
