DURGAH COMMITTEE AJMER ATTORNEY GENERAL FOR INDIA Vs. SYED HUSSAIN ALI:SYED HUSSAIN ALI
LAWS(SC)-1961-3-42
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on March 17,1961

DURGAH COMMITTEE,AJMER,ATTORNEY GENERAL FOR INDIA Appellant
VERSUS
SYED HUSSAIN ALI Respondents





Cited Judgements :-

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TRIVIKRAM NARAIN SINGH VS. STATE [LAWS(ALL)-1986-10-34] [REFERRED TO]
PANDURANGANATHASWAMI DEVASTHANAM VS. DY COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS [LAWS(MAD)-1988-1-57] [REFERRED TO]
SYED GULZAR HUSSAIN VS. DEWAN SYED ALE RASUL ALI KHAN [LAWS(SC)-2014-2-42] [REFERRED TO]
MADHAB CHANDRA BANDOPADHYA VS. STATE OF WEST BENGAL [LAWS(CAL)-1985-10-6] [REFERRED TO]
P P JOHN VS. ZONAL MANAGER SOUTH CENTRAL ZONE LIC OF INDIA SAIFABAD HYDERABAD [LAWS(APH)-1995-7-16] [REFERRED TO]
ASHURKHANA NALSAHABGADDA AT SANGAREDDY VS. DISTRICT COLLECTOR MEDAK [LAWS(APH)-1979-3-9] [REFERRED TO]
AISHAT SHIFA VS. STATE OF KARNATAKA [LAWS(SC)-2022-10-14] [REFERRED TO]
ADI VISHESHWARA OF KASHI VISHWANATH TEMPLE VARANASI VS. STATE OF UTTAR PRADESH [LAWS(SC)-1997-3-148] [REFERRED TO]
STATE OF RAJASTHAN VS. SAJJANLAL PANJAWAT [LAWS(SC)-1973-12-25] [RELIED ON]
SYEDNA MOHAMED BURHANUDDIN THE 52ND DAI UL MULTAQ AND HEAD OF THE DAWOODI BOHRA COMMUNITY VS. CHARITY COMMISSIONER GUJARAT STATE AHMEDABAD [LAWS(GJH)-1970-4-9] [CASES REFERRED]
NARESH AGARWAL VS. UNION OF INDIA UOI [LAWS(ALL)-2005-10-1] [REFERRED TO]
SUDHINDRA CHANDRA MALIK VS. STATE OF BIHAR [LAWS(PAT)-1982-3-1] [REFERRED TO]
V S SIVAKUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2008-3-109] [REFERRED TO]
SABANAYAGAR TEMPLE VS. STATE OF TAMIL NADU [LAWS(MAD)-2009-2-131] [REFERRED TO]
SABHANAYAGAR TEMPLE CHIDAMBARAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2009-9-125] [REFERRED TO]
DEWAN SYED ALEY RASOOL ALI KHAN VS. ALTAF HUSSAIN [LAWS(RAJ)-2013-11-3] [REFERRED TO]
HUM AAP KE NGO REGD VS. UNION OF INDIA [LAWS(DLH)-2008-7-145] [REFERRED TO]
JAGAT NARAIN VS. SESSIONS JUDGE [LAWS(ALL)-1997-9-180] [REFERRED TO]
T M A PAI FOUNDATION VS. STATE OF KARNATAKA [LAWS(SC)-2002-10-89] [REFERRED TO 223,316]
TMA PAI FOUNDATION VS. STATE OF KARNATAKA [LAWS(SC)-2002-11-73] [REFERRED TO]
BIJOE EMMANUEL VS. STATE OF KERALA [LAWS(KER)-1985-12-37] [REFERRED TO]
SHRI IQBAL VS. HIS HOLINESS DR SYEDNA MOHD BARHANUDDIN SAHEB [LAWS(RAJ)-1992-1-18] [REFERRED TO]
INDIAN YOUNG LAWYERS ASSOCIATION & ORS VS. STATE OF KERALA & ORS [LAWS(SC)-2018-9-118] [REFERRED TO]
INDIAN YOUNG LAWYERS ASSOCIATION & ORS VS. STATE OF KERALA & ORS [LAWS(SC)-2018-9-118] [REFERRED TO]
UNION OF INDIA VS. VIRENDRA PRASAD [LAWS(CAL)-1986-12-29] [REFERRED TO]
COMMR OF POLICE VS. ACHARYA JAGDISHWARANANDA ABADHUTA [LAWS(CAL)-1990-11-17] [REFERRED TO]
ABDUL GANI SOFT VS. HAJ COMMITTEE [LAWS(J&K)-2008-11-8] [REFERRED TO]
BAPU LAL MANSUKH LAL THAKKAR MANSUKH LAL THAKKAR CENTRAL VS. ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2005-7-231] [REFERRED TO]
CHINTAMANI KHUNTIA VS. STATE OF ORISSA [LAWS(ORI)-1993-10-12] [REFERRED TO]
YULITHA HYDE VS. STATE OF ORISSA [LAWS(ORI)-1972-10-8] [REFERRED TO]
TILKAYAT SHRI GOVINDLALJI MAHARAJ TRIYAMBAK LAL GOSWAMI SHN CILANSHYAMLAIJI TILKAYAT SHRI GOWINDLAIJI VS. STATE OF RAJASTHAN [LAWS(SC)-1963-1-9] [REFERRED TO]
RAMCHANDRA MANGILAL VS. STATE OF M P [LAWS(MPH)-1987-6-20] [REFERRED TO]
INDER KUMAR PANCHAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1999-7-27] [REFERRED TO]
SATRADHIKAR BENGANA ATI SATRA VS. STATE OF ASSAM [LAWS(GAU)-2000-5-10] [REFERRED TO]
EWANLANGKI E RYMBAI VS. JAINTIA HILLS DISTRICT COUNCIL [LAWS(GAU)-2003-7-32] [REFERRED TO]
M K SANOO VS. STATE OF KERALA [LAWS(KER)-2001-8-54] [REFERRED TO]
M K SANOO VS. STATE OF KERALA [LAWS(KER)-2001-8-54] [REFERRED TO]
SMT. RESHAM, D/O K. FARUK VS. STATE OF KARNATAKA [LAWS(KAR)-2022-3-1] [REFERRED TO]
TRISOLE INDIA PHARMACEUTICALS VS. UNITED COMMERCIAL BANK [LAWS(PAT)-2011-3-90] [REFERRED TO]
MEYYAPPA VELAR VS. TAMIL NADU TEMPLE ADMINISTRATION BOARD MADRAS [LAWS(MAD)-1994-12-59] [REFERRED TO]
SEENI THEVAR VS. M S VELAYUTHA RAJA [LAWS(MAD)-1992-4-32] [REFERRED TO]
ASSTT COMMR H R AND C E ASST COMMR SALEM VS. N K S E MUDALIAR [LAWS(MAD)-1987-1-4] [REFERRED TO]
RIJU PRASAD SARMA VS. STATE OF ASSAM [LAWS(SC)-2015-7-34] [REFERRED TO]
Dargah Khwaja Sahib Ajmer VS. STATE [LAWS(RAJ)-1980-7-2] [REFERRED TO]
HIFZUR RAHMAN CHOUDHURY VS. UNION OF INDIA [LAWS(GAU)-2022-7-53] [REFERRED TO]
MAHADEB KUMAR BANERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-1983-12-12] [REFERRED TO]
MAHANT LACHMAN DASS CHELA MAHANT ISHAR DASS VS. STATE OF PUNJAB [LAWS(P&H)-1968-3-55] [REFERRED]
COMMISSIONER OF INCOME TAX VS. JOGENDRA NATH NASKAR [LAWS(CAL)-1963-4-17] [REFERRED TO]
M MURALEEDHARAN NAIR VS. STATE OF KERALA [LAWS(KER)-1990-4-4] [REFERRED TO]
NARESH AMRITLAL SHAH VS. KANTILAL CHUNILAL SHAH [LAWS(BOM)-2000-5-27] [REFERRED TO]
S. SRIDHAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2020-11-27] [REFERRED TO]
LEADING AIRCRAFTSMAN ANSARI AAFTAB AHMED; MOHAMMED ZUBAIR CORPORAL VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2008-7-166] [REFERRED]
ARCHAKAM PEDDINTI SRINIVASAMURTHY DIKSHITULU VS. COMMISSIONER CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS IN ANDHRA PRADESH AT HYDERABAD [LAWS(APH)-1971-9-26] [REFERRED TO]
SHRI GOPINATHJI DEV MANDIR AND ITS SUBORDINATE TEMPLES PUBLIC TRUST GADHADA VS. JANAKBHAI MOHANBHAI PATEL [LAWS(GJH)-2018-8-35] [REFERRED TO]
MAHANT TEHAL DASS VS. SHIROMANI GURDWARA PARBANDHAK COMMITTEE [LAWS(P&H)-1978-2-31] [REFERRED TO]
SATYA NARAIN TULSI MANAS MANDIR VS. WORKMAN COMPENSATION COMMISSIONER AUTHORITY [LAWS(ALL)-2006-5-25] [REFERRED TO]
DEBENDRANATH SARANGI VS. KULAMANI SARANGI [LAWS(ORI)-1973-8-11] [REFERRED TO]
VINAYAGA CHATHURTHI MADHYA KUZHU VS. STATE OF TAMIL NADU [LAWS(MAD)-1996-10-47] [REFERRED TO [1962] 1 S.C.R. 388]
T.M.D. RAFI AND ORS. VS. STATE OF ANDHRA PRADESH AND ORS. [LAWS(APH)-2019-9-88] [REFERRED TO]
MUBEEN FAROOQI VS. STATE OF PUNJAB [LAWS(P&H)-2020-5-51] [REFERRED TO]
REV STAINISLAUS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1974-4-11] [REFERRED TO]
REVENUE DIVISIONAL OFFICER, NALGONDA VS. A.P. STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, HYDERABAD [LAWS(APH)-2012-12-22] [REFERRED TO]
COMMISSIONER OF POLICE VS. ACHARYA JAGADISHWARANANDA AVADHUTA [LAWS(SC)-2004-3-18] [REFERRED TO]
SURAJ MAL SINGHVI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1966-3-1] [REFERRED TO]
S P MITTAL SHRI RAGHUBIR AUROBINDO SOCIETY AUROBINDO SOCIETY VS. UNION OF INDIA [LAWS(SC)-1982-11-34] [FOLLOWED]
STATE OF WEST BENGAL VS. ASHUTOSH LAHIRI [LAWS(SC)-1994-11-23] [REFERRED TO]
ACHARAJ SINGH VS. STATE OF BIHAR [LAWS(PAT)-1966-8-1] [REFERRED TO]
YELLANTI RENUKA VS. STATE OF A.P. [LAWS(APH)-2022-3-36] [REFERRED TO]
JUGALKISHORE VS. STATE OF ASSAM [LAWS(GAU)-1987-5-13] [REFERRED TO]
MUHAMMED KUTTY VS. INSPECTOR GENERAL OF POLICE [LAWS(KER)-1987-2-39] [REFERRED TO]
GOPALAKRISHNAN NAIR VS. STATE OF KERALA [LAWS(KER)-1999-10-27] [REFERRED TO]
CHOCKALINGAM VS. NAMBI PANDIYAN [LAWS(MAD)-2010-11-211] [REFERRED TO]
ADI SAIVA SIVACHARIYARGAL NALA SANGAM & ORS VS. THE GOVERNMENT OF TAMIL NADU & ANR [LAWS(SC)-2015-12-40] [REFERRED TO]
ACHARYA JAGDISHWARANAND AVADHUTA VS. COMMISSIONER OF POLICE CALCUTTA [LAWS(SC)-1983-10-32] [RELIED ON]
T.G. MOHAN DAS VS. STATE OF KERALA [LAWS(KER)-2018-4-413] [REFERRED TO]
A S NARAYANA DEEKSHITULU VS. STATE OF ANDHRA PRADESH [LAWS(SC)-1996-3-124] [RELIED ON]
DALIP KUMAR JHA AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2014-12-25] [REFERRED TO]
DALIP KUMAR JHA AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2014-12-25] [REFERRED TO]
ASSOCIATION OF A P SAJJADA NASHEENS MUTAWALLIES AND KHIDMAT GUZARAN OF WAKFS VS. SECRETARY REPRESENTING THE UNION OF INDIA DEPARTMENT NEW DELHI [LAWS(APH)-2009-10-2] [REFERRED TO]
BISHOP S K PATRO VS. STATE OF BIHAR [LAWS(PAT)-1968-9-5] [REFERRED TO]
YELLANTI RENUKA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2022-3-58] [REFERRED TO]
THIRU SABANATHA OLI SIVACHARIYAR VS. COMMISSIONER [LAWS(MAD)-2022-6-197] [REFERRED TO]
MOULANA MUFTI SYED MD NOORUR REHMAN BARKATI VS. STATE OF WEST BENGAL [LAWS(CAL)-1998-3-10] [REFERRED]
INDIAN YOUNG LAWYERS ASSOCIATION & ORS. VS. STATE OF KERALA & ORS. [LAWS(SC)-2017-10-21] [REFERRED TO]
THARAMEL KRISHNAN VS. GURUVAYOOR DEVASWOM MANAGING COMMITTEE [LAWS(KER)-1977-11-28] [REFERRED TO]
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SURYA KANT SHARMA S/O KESHO SINGH VS. ASHWANI KUMAR SINGH @ ASHWANI KUMAR SHARMA [LAWS(PAT)-2009-4-231] [REFERRED TO]
ONKAR LAL VS. REWA PURI [LAWS(RAJ)-1999-12-27] [REFFERED TO]
DEEWAN SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1997-2-1] [REFFERED TO]
KANTARU RAJEEVARU VS. INDIAN YOUNG LAWYERS ASSOCIATION [LAWS(SC)-2020-5-29] [REFERRED TO]
VOL : 2; SUNNI CENTRAL BOARD OF WAQFS AND ORS VS. GOPAL SINGH VISHARAD AND ORS [LAWS(ALL)-2010-9-628] [REFERRED]
THE SEWA COMMITTEE, BARIDARAN AND OTHERS VS. THE STATE OF JAMMU AND KASHMIR AND OTHERS [LAWS(J&K)-1994-3-25] [REFERRED TO]
BIRBHUM DISTRICT PRIMARY SCHOOL COUNCIL AND ANR. VS. GOLAM MURTOZA AND ORS. [LAWS(CAL)-2016-7-35] [REFERRED TO]
SYED SAULET HUSSAIN VS. SYED ILMUDDIN [LAWS(SC)-1987-9-11] [REFERRED TO]
TRAVANCORE DEVASWOM BOARD STAFF ASSOCIATION VS. STATE OF KERALA [LAWS(KER)-1999-10-42] [REFERRED TO]
R LAKSHMI NARASIMHA BATTAR SWAMI VS. COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT [LAWS(MAD)-2010-10-426] [REFERRED]
DR. NOORJEHAN SAFIA NIAZ VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-8-98] [REFERRED TO]
JAYANTI DAS VS. STATE OF ODISHA [LAWS(ORI)-2020-1-4] [REFERRED TO]
RAMESH SHARMA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-9-127] [REFERRED TO]
RAMESH SHARMA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-9-127] [REFERRED TO]
R A PATHAN SMT VS. DIRECTOR OF TECHNICAL EDUCATION [LAWS(GJH)-1980-4-15] [REFERRED]
K.S. SHARFUDEEN VS. UNION OF INDIA [LAWS(MAD)-2014-6-318] [REFERRED TO]
VISHNUNARAYANAN VS. SECRETARY, DEPARTMENT OF REVENUE & DEVASWOM [LAWS(KER)-2024-2-157] [REFERRED TO]
BASHIR AHMED VS. STATE OF WEST BENGAL [LAWS(CAL)-1975-9-7] [REFERRED TO]
SESHAMMAL VS. STATE OF TAMIL NADU [LAWS(SC)-1972-3-3] [REFERRED TO]


JUDGEMENT

- (1.)In the High Court of Judicature for Rajasthan at Jodhpur a writ petition was filed under Art. 226 of the Constitution by the nine respondents who are Khadims of the tomb of Khawaja Moin-ud-din Chishti of Ajmer challenging the vires of the Durgah Khawaja Saheb Act XXXVI of 1955 (hereafter called the Act). In this petition the respondents alleged that the Act in general and the provisions specified in the petition in particular are ultra vires and they claimed a direction or an appropriate writ or order restraining the appellants the Durgah Committee and the Nasim of the said Committee from enforcing any of its provisions. 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. The appellants then applied for and obtained a certificate from the High Court and it is with the said certificate that they have come to this Court by their present appeal.
(2.)According to the respondents the shrine of Nasrat Khawaja Moin-ud-din Chishti which is generally known as the Durgah Khawaja Saheb situated at Ajmer is one of the most important places of pilgrimage for the Muslims of India. Since persons following other religions also hold the saint in grant veneration a large number of non-Muslims visit the tomb every year.
(3.)Khwaja Saheb came to India sometime towards the end of the 12th Century A. D.
and settled down in Ajmer. His saintly character and his teachings attracted a large number of devotees during his lifetime and these devotees honoured him as a great spiritual leader. Khawaja Saheb belonged to the Chishti Order of Soofies. He died at Ajmer in or about 1236 A. D., and naturally enough after his death his tomb became a place of pilgrimage.



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