The High Court granted the writ and the State of Hyderabad appeals.
The respondent states that these rights were investigated by the civil Courts.
He was removed in 1920 and the Ecclesiastical Department took over the supervision under a Firman of the Nizam which directed the Department to supervise the Dargah until the rights of the parties have been enquired into and decided.
The respondents case is that the Dargah companytains the tomb of one of his ancestors and that he and his ancestors have been the hereditary Sajjadas and Mutawallis of the Dargah for generations.
In the year 1914, when the respondents brother Syed Hussain was in possession, the Ecclesiastical Department of the State stepped in and entrusted the supervision of the Dargah to one Azam Ali.
He also held that the Ecclesiastical Department took possession from the respondent and so it was bound to hand the Dargah back to him.
AIR 1956 SC 60 Bose, J. The respondent filed a petition under Article 226 of the Constitution in the High Court of Judicature at Hyderabad asking for a mandamus against the Director of Endowments of the Hyderabad Government.
His prayer was that the Director be ordered to hand over the management and possession of a certain Dargah called the Dargah of Jehangir and Burhanud din Piran and also the adjoining hereditary lands together with the income and profits, to the respondent.
The matter went up to the High Court and the decision all through was in his favour.
Despite this he has number been given possession and he seeks a mandamus against the Director and asks that the Director be ordered to hand over the management and possession to him.
