Judgment

GAJENDRAGAKDAR, J. : 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