G. Ratnaparkhi for Govind saran for respondents Nos.
During Shahjehans time 1627 1658 some significant changes took place in the management of the Durgah. ,
Appeal from the judgment and order dated January 28, 1959, of the Rajasthan High Court in D. B. Civil Writ.
After Aarangzeb died there.
1 to 7.
During Jehangirs time 1605 1627 some more villages were endowed to the Durgah.
8 and 9.
It was denied that the Durgah was looked after by the descendants of Syed Fukhuruddin and Mohamad Yadgar.
According to them the largest number of pilgrims and visitors were Hindus, Khoja Memons and parsis.
The later history of the institution shows that the separate office of the Mutawalli who was in sole management of the administration of the properties of the Durgah companytinued ever since, and that throughout its history the Mutawallis have been appointed by the State and were as such answerable to the State and number to the sect represented by the respondents.
was a change in the political fortunes of Ajmer because Rathor Rajputs seized Ajmer in 1719 and ruled over it for two years thereafter.
N. Sanyal, Additional Solicitor General of India, R. H. Dhebar and T. Jf.
This state of affairs companytinued during the reign of Aurangzeb 1659 1707 .
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Similarly in 1612 Jehangir appointed a Sajjadanashin to function also as Mutawalli.
Thereafter successive Muslim Rulers, particularly the Moghul Emperors, made endowments and added to the wealth and splendour of the shrine.
The descendants of these two disciples gradually came to be known as Khadims.
They averred that the circle of devotees of, and visitors to, the shrine was number companyfined to the Chishtia Order but it included devotees and pilgrims of all classes of people following different religions.
Sea, for the Intervener.
The averments made by the respondents in regard to their fundamental rights and their infringement were challenged by the appellants and it was urged that the Act in general and the provisions specified in the petition in particular were intra vires and companystitutional.
The Judjment of the Court was delivered by GAJENDRAGADKAR, J. In.the High Court of Judicature for Rajasthan at Jodhpur a writ petition was filed under Art.
272 of 1960.
The writ petition thus filed by the respondents substantially succeeded and the High Court has made a declaration that the impugned provisions of the Act are ultra vires and has issued an order restraining the appellants from enforcing them.
After the saints death both of them looked after the, grave and attended to the spiritual needs of the pilgrims.
A Farman issued by Akhar ascribed to the year 1567 shows that eighteen villages were granted to the Durgah.
S. Pathak, Syed Anwar Hussain and B. P. Maheshwari, for respondents Nos.
N. Sanyal,, Additional Solicitor General of India, R. Ganapathy Iyer, Y. S. Nasarullah Sheriff, J. L. Datta and K. Hathi, for the appellants.
The Committees report clearly brings out that the appointment of a Sajjadanashin in the time of Akbar was purely on the basis of an appointment by the State because it is pointed out that as soon as Akbar was number satisfied with the work of the Sajjadanashin appointed by him in 1567 he removed him from office in 1570 and appointed a new incumbent in his place This new incumbent carried on his duties until 1600.
The appellants then applied for and obtained a certificate from the High Court and it is with the said certificate that they have companye to this Court by their present appeal.
the sick and the stiffering so that the benediction may reach the soul of the.,
March 17.
The claim thus made by the respondents was disputed by the appellants in their detailed written statement.
According to the report of the Committee which had access to the original Sanad and other relevant documents the year of the Sanad was number 1567 but 1575.
17 of 1957.
For generations past their occupation has been that of religious service at the tomb of Khwaja Saheb.
Khwaja Syed Fukhuruddin and Sheikh Mohammad Yadgar, who originally accompanied the Khwaja Saheb Syed to India, were his close and devoted followers.
Petition No.
