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2026 DAILYLAW 15852 (DEL)

EL BURQ TRAVELS v. UNION OF INDIA & ANR.

W.P.(C)/12157/2026 · 2026-08-20

Swarana Kanta Sharma

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~118 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010390472026 + W.P.(C) 12157/2026 EL BURQ TRAVELS .....Petitioner Through: Mr. Santhosh Krishnan, Mr. Sayid Marzook Bafaki and Ms. Sonam Anand, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Niyati Sharma, SPC with Mr. Rajat Rajoria Singh, GP. Ms. Avshreya Pratap Singh Rudy, CGSC with Ms. Usha Jamnal, ⁠Ms. Nyasa Sharma, Mr. Siddhant Nagar and Mr. Abhinav Mall, Advs. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 20.08.2026 CM APPL. 56351/2026 & CM APPL. 56352/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Applications stand disposed of. W.P.(C) 12157/2026 & CM APPL. 56350/2026 3. By way of the present writ petition, the petitioner seeks following reliefs: “(a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the Notice dt.12.08.2026 (Annexure P/1) to the extent it removes the Petitioner from Category-1* (Lead) and places it This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2026 at 12:42:59 in Category-1* (Non-Lead) for Haj 2027; (b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent No.1 to restore the Petitioner as a Category-1* (Lead) Haj Group Organiser for Haj 2027 in terms of the Notice dt.06.08.2026 (Annexure P/8); (c) Direct the Respondent No.1 to produce the record of the Apex Committee relating to the Notice dt.12.08.2026, including the representations received, the comparative particulars considered and the reasons recorded; (d) Read down the Note under paragraph 2 of the Notice dt.06.08.2026 (Annexure P/8) so as to require notice to an applicant declared eligible as a Category-1* (Lead) Haj Group Organiser, disclosure to him of the material relied upon and an opportunity of hearing, before he is displaced on a representation made under the HGO Policy, (e) As alternative to prayers (a) and (b), remit the matter to the Apex Committee to decide afresh after notice to and hearing of the Petitioner, and until that decision is taken, hold the Notice dt.12.08.2026 (Annexure P/I) in abeyance to the extent it removes the Petitioner from Category-1* (Lead).” 4. Briefly stated the facts of the present case, as mentioned in the writ petition, are that the petitioner has been a registered Haj Tour Operator/Haj Group Organiser since 2002 and, for Haj 2026, was registered as a Category-1* HGO with a quota of 181 pilgrims. For Haj 2027, respondent No. 1 had invited applications under the HGO Policy. The petitioner had applied as a Category-1(Lead) HGO and, on 06.08.2026, was declared one of the 26 eligible applicants in that category. On 07.08.2026, the petitioner had submitted the proposed name and documents for formation of the Combined Haj Group Organiser. However, on 12.08.2026, without any prior notice or opportunity of hearing, respondent no. 1 had issued the impugned notice removing the petitioner from Category-1 (Lead) and placing it in Category-1(Non-Lead). The petitioner had represented against the decision on 13.08.2026, contending that the decision was contrary to the HGO Policy and principles of natural justice. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2026 at 12:42:59 5. After hearing learned counsels appearing on behalf of the parties and in view of the issue involved in the instant petition, this Court finds it appropriate to direct that the present petition filed before this Court be treated as a representation on behalf of the petitioner, and the respondents are directed to decide the same, within a period of three weeks from date, under intimation to the petitioner herein. 6. In above terms, the present petition stands disposed of. 7. In case of any further grievance, the petitioners will be at liberty to approach this Court by filing fresh writ petition. 8. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J AUGUST 20, 2026/A td This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2026 at 12:42:59