- (1.) THIS is a petition under Article 226 of the Constitution presented by nine khadims of the tomb of Khwaja Moiuddin Ohishti of Ajmer, Syed Hussain Ali, Syed cayasuddin, Syed Mohammad Anis Kaptan, Syed Nansh Mohammad, Syed Qaiam ali, Syed Hussain Ali II, Syed Mohammad Siddiq, Sheikh Haji Mohammad, and sheikh Siraj Mohammad, against the Durgah Committee constituted under the durgah Khwaja Sahcb Act, 1955 (No. 36 of 1955) for a declaration that the said act is ultra vires the Constitution, and for a direction restraining the respondents from enforcing its provisions.
(2.) KHWAJA Moinuddin Chishti was born in the province of Sijistan to the east of persia some tune in 1142 A. D. , and came to India some time towards the end of twelfth century, and settled down at Ajmer. He was a sufi of the Chishti order, who attracted a large number of followers, and was held in great veneration during his lifetime. He died in or about 1236 A. D. , and was buried at Ajmer. His grave was originally kachcha, but some time at the end of the 15th century the Khilji Sultans of Malwa made it pucca and built a dome over it. The tomb gained in prestige, and came to be known as Durgah Khwaja Saheb. The moghul Emperors beginning with Akbar took interest, and made endowments for various religious and charitable purposes mentioned in the Farmans issued by the emperor. The renewed grants by Shahjahan in 1637 A. D. of various villages and cash were of the annual income of Rs. 25,780/-, and the mutwallis of the shrine were directed to apply this amount for "surf-i-urs, wa langar, wa roshnaee, wa furoosh, wa gul, wa arbab-i masjid, wa wazaif-ashabistehqaq, wa huffaz, wa sadir-o-warid, wa sayar wajuh khairat wa mubarrat. " The grant of villages with certain changes was affirmed by the succeeding Moghul emperors as also the Marathas and the British Government, and these are not the subject matter of dispute. Substantial " additions to the buildings were also made by the Moghul Emperors. Akbar built a mosque, which goes by the name of Akbari masjid. Shahjahan built the Juma mosque in white marble. The Begami Dalan was built by Princess Jahan Ara Begam, daughter of Shahjahan. The Hyderabad State also made a grant of twelve villages. These are managed by the State, but the income thereof about Rs. 25,000/-a year is sent to the sajjadanashin of the Durgah called by the name of Dewan. The terms of the grant are that 1/3rd of the income is to bo given to the Dewan, 1/3rd to the Durgah for its expenses, and out of the remaining 1/3rd, two thirds is to be divided among ahal-i-biradari (Khadims), and 1/3rd is to be spent on educational scholarships of the Ahal-i-biradari (Khadims ).
(3.) THE case of the petitioners is that Khwaja Syed Fakhruddin and Sheikh mohammad Yadgar had come with Khwaja Saheb as his followers to India. On the death of Khwaja Moinuddin Chishti, his grave was looked after by these two followers, and after them by their descendants. These descendants of Syed fakhruddin and Sheikh Mohammad Yadgar came to be known as Khadims, whose occupation from generation to generation has been that of religious service at the tomb of the Saint Moinuddin Chishti.;