Union of India vs Rafique Shaikh Bhikan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(SC) 2524

AFTAB ALAM, RANJANA PRAKASH DESAI
Union of India – Appellant
Versus
Rafique Shaikh Bhikan – Respondent

Advocates Appeared:
For the Appearing Parties :- Mrs. Anil Katiyar, Advocate, Petitioner-In-person, Mr. Gaurav Agrawal, Ms. Nilofar Qureshi, Mr. Shakeel Ahmed, Ms. Sadiya Shakeel, Mr. Anand Mishra, Mr. Amrendra Kumar Singh, for Dr. (Mrs.) Vipin Gupta, Mrs. Nikhil Goel, Abhijeet Sinha, Mr. Sridhar Potaraju, Mr. B.V. Deepak, Mr. Vikash Singh, Mr. B.V. Deepak, Mr. Irshad Ahmad, Ms. Puja Sharma, Mr. Mohd. Irshad Hanif, Mr. Sudarshan Rajan, Mr. C.N. Sree Kumar, Mr. Neeraj Shekhar, Mr. P. George Giri, Mr. Praveen Agrawal, Mr. P. Narasimhan, Ms. Usha Nandini V., G.E. Vahanvati, AG, L. Nageshwar Rao, Fakhruddin, V. Giri, K.V. Viswanathan, Colin Gonsalves, Senior Advocate, Harris Beern, Nishanth Patil, Mushtaq Salim, B.V. Balram Das, Shankar Narayanan, Abdul Karim Ansari, Surya Kamal Mishra, Harshad V. Hameed, Mohammed Saddique, Gaichangpou Ganmei, D. Sri Rao, Zulfiker Ali, Ms. Khushi Moho, Vijendra Kumar, Shaikh Chand Saheb, Biju P. Raman, Marsook Bafaki, ms. Naveen Goel, Ajay Veer Singh Jain, Atul Agarwal, Ms. Anish Jain, Nitin Jain, Ms. Divya Garg, A.K. Singh, Ms. Toshika Katare, Mrs. Rana Parveen Sidiqui, Mohd. Qamar Ali, S. Ritam Khare, A. Karim Ansari, Pradhuman Gohil, Satish Aggarwal, P. George Giri, Shakil Ahmad Syed, EmS Anam, P. Narasimhan, Ms. Samina, In-Person and Ms. Jayasree Narasimhan, Advocates.

ORDER :

Aftab Alam, J. - SLP (CIVIL) NO. 28609/2011

This special leave petition has been filed by the Union of India against an order passed by Bombay High Court on October 5, 2011 in a batch of writ petitions challenging the Government of India 2011 Haj Policy that required a private operator/travel agent to have "minimum office area of 250 sq. ft." as one of the eligibility conditions for registration for ferrying pilgrims for Hajj. The High Court rejected the challenge but gave directions to the Government of India to allocate certain seats to some of the writ petitioners from the eight hundred seats from the Central Government quota that had not been allocated to anyone till the time of passing of the order by the court. Aggrieved by the directions given by the High Court, the Union of India filed this special leave petition and by order dated October 14, 2011 this Court stayed the operation of the directions given by the High Court. In any event, by the time the matter came before this Court, the directions could not be acted upon as there was very little time left for the commencement of Hajj for that year.

2. By a subsequent order dated February 17, 2012 this Court declared its

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2012 Supreme(SC) 2524

AFTAB ALAM, RANJANA PRAKASH DESAIUnion of India – AppellantVersusRafique Shaikh Bhikan – Respondent

Cases Referred (10)

AFTAB ALAM, RANJANA PRAKASH DESAI
Union of India – Appellant
Versus
Rafique Shaikh Bhikan – Respondent