High Court directs no effect to order of Deputy
Collector (Atiyat) in succession proceedings if it has
effect of change in record of rights
The Aurangabad bench of the Bombay High Court, on
Friday directed the Deputy Collector (Atiyat) to dispose
succession proceedings of inam lands claimed by
successors of one Amir Baksha, however, owned by
Dargah Hajrat Moulana Shah Muntajibbudin Zar Zari
Baksh, Khultabad as khidmat (service) mash inam.
The Zar Zar Baksh dargah has nearly 850 acres of land
granted to it by various rulers for survival of the persons
in khidmat or service of the sufi saints who established
the dargah.
It was submitted by Adv Pradnya Talekar, counsel
appearing for the dargah, that
the Committee of
Khuddamin
Dargahjat
Hadd-e-Kalan
has
been
administering the affairs of the Dargah since time
immemorial. Several attempts are made by private
parties at the behest of land mafia to encroachment and
claim title on the lands of the dargah. An application was
filed after 84 years by the legal heirs of Amir Baksh in the
garb of succession proceedings to claim title to property
owned by dargah and subsequently to interfere in the
management of the dargah. The delay of 84 years,
wrongly shown as 48 years was condoned without
hearing the dargah and by misrepresenting that delay in
succession proceedings is required to be condoned so
that process of appointment of mutawalli for proper
management of dargah is carried out. In fact, there is no
mutawalli on the khultabad dargah rather the committee
of khuddamins elected from among 7000 khuddamins to
whom all the lands were bequeathed by farmans of
various rulers for giving service to the saints. The right of
committee of khuddamins to manage the dargah at
khultabad is upheld by the Hon'ble High Court in a
judgement in 30.11.2010 and a scheme to that effect is
framed and sanctioned by the Maharashtra State Board
of Wakf. However, by misrepresenting the facts delay
condonation order was obtained from the divisional
commissioner. This came to be challenged before Hon'ble
High Court by the khuddamin committee in charge of the
management of dargah.
The Hon'ble High Court had earlier granted stay to the
proceedings of succession before the Dy Collector (Atiyat),
and vide order dated 04.12.2018 passed by the Hon'ble
High Court comprising of Hon'ble Justice N.M.Jamdar,
though permitted the Dy Collector to continue with the
proceedings of succession has kept all contentions of the
dargah open before the appellate forum. Further, Hon'ble
High Court has directed that the order of Dy Collector
shall be suspended for period of 60 days if it has the
effect of grant of succession and change in record of
revenue.
Adv. Satish Talekar and Adv. Pradnya Talekar appeared
on behalf of the Dargah.