Bapna, Actg. C.J.—This is a petition under Art. 226 of the Constitution presented by nine Khadims of the tomb of Khwaja Moinuddin Chishti of Ajmer, Syed Hussain Ali, Syed Gayasuddin, Syed Mohammad Anis Kaptan, Syed Nansh Mohammad, Syed Qaiam Ali, Syed Hussain Ali II, Syed Mohammad Saddiq, Sheikh Haji Mohammad, and Sheikh Siraj Mohammad, against the Durgah Committee consituted under the Durgah Khawaja Saheb 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 time towards the end of twelfth century, and settled down at Ajmer. He was a Sufi of the Chisti 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 kochcha, 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 Dargah Khwaja Saheb. The Moghul Emperors beginning with Akbar took

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