Advocates:
['MANDLIK PRATAP P', 'COPY SERVED ON GP', '', 'AGP']

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drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.7200 OF 2018

1.

Syed Husnuddin @ Syed Iqbal (Died) LRs PETITIONERS

(i)

Afsha Begum w/o Late Syed Husnuddin

(ii)

Syed Afsar s/o Late Syed Husnuddin

(iii)

Azeema Begum w/o Mhod. Farhath Khan

(iv)

Nasreen Begum w/o Mohd Husain

(v)

Naseem Begum w/o Mohd. Asif,

(vi)

Faheem Begum w/o Mohd. Hameed

(vii)

Naeem Begum w/o Mohd. Yousuf,

(viii) Enayat Begum w/o Mohd Azeem Ahmed

(ix)

Sameena Begum w/o Syed Husnuddin

2.

Syed Ameeruddin s/o Syed Basheeruddin

3.

Smt. Tahera Begum d/o Syed Basheeruddin

4.

Syed Ruknuddin s/o Syed Basheeruddin

All Through GPA

Shaikh Mehmood s/o Late Abdul Gani

Age – 45 years, Occ – Business

R/o At Present 9-12-101

Beside Rahamaniya Masjid

Amedhpura Colony, Nizamabad (T.S.)

VERSUS

1.

The State of Maharashtra

RESPONDENTS

Revenue & Forest Department,

Mantralaya, Mumbai-32

Through the Secretary,

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2.

The Dy. Commissioner (Rev.)

Taluka and District – Aurangabad

3.

The Sub Divisional Officer,

Taluka – Partur, District – Jalna

4.

The Sub Divisional Officer,

Taluka – Pathri, District – Parbhani

5.

The Tahsildar

Taluka – Pathri, District – Parbhani

6.

The Tahsildar,

Taluka – Partur, District – Jalna

.......

Mr. P. V. Mandlik, Senior Advocate i/b Mr. P. P. Mandlik, Advocate

for the petitioners

Mr. K. S. Patil, AGP for respondents No. 1 to 6 - State

....…

[CORAM : NITIN B. SURYAWANSHI, J.]

RESERVED ON : 5

^th JANUARY, 2022

PRONOUNCED ON : 11

^th FEBRUARY, 2022

JUDGMENT :

1.

Rule. Rule made returnable forthwith. Heard finally with

the consent of the learned advocates for the parties.

2.

This petition is directed against judgment and order dated

7^th March, 2015 passed by Deputy Commissioner (Revenue),

Aurangabad thereby rejecting the claim of the petitioners

seeking the amount pending in Jagir Pension Account No. 461 at

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Parbhani.

3.

The petitioners claim to be legal heirs and successors of

Syed Shah Gulam Ahmed Gilani – original Jagirdar of the

“Dargah Syed Shah Gulam Ahmed Gilani” at Mustaid Pura,

Hyderabad, which is also known as “Khan-Kha-E-Jilani” (for short

the “said Dargah”). For service of said Dargah, Jagir of villages

Niwali and Phularwadi in Parbhani district was granted to the

predecessors of the petitioners.

4.

The petitioners had applied for succession / Virasat before

Sub Divisional Officer and Deputy Collector (Atiyat) Pathari by

filing proceedings No. 1993/Atiyat/Kavi-22 on 12^th March, 1993.

After conducting an enquiry, succession / Virasat was granted in

favour of the petitioners by Sub Divisional Officer and Deputy

Collector (Atiyat), Pathari, vide order dated 25^th August, 2014.

5.

One Syed Shah Mohommad Kadri, through Syyed Noor Ul

Hasan Kadri, who according to the petitioners has no concern

with the said Jagir, challenged the order of succession / Virasat

passed in favour of the petitioners, by filing an appeal before

Additional Collector, Parbhani. By order dated 30^th March, 2016,

the Additional Collector, Parbhandi, dismissed the appeal and

confirmed the order passed by the Sub Divisional Officer and

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Deputy Collector (Atiyat) Pathari dated 25^th August, 2014

granting succession / Virasat in favour of the petitioners.

6.

Thereafter, said Sayyed Shah Mohammad Kadari filed an

application before the Deputy Commissioner (Revenue)

Divisional Commissioner Office, Aurangabad on 22^nd August,

2013 under the Hyderabad (Abolition of Jagirs) Regulation, 1358

Fasli, seeking the amount pending in Jagir Pension Account No.

461 of Parbhani district. The petitioners filed an objection in the

said proceedings and claimed the said amount. By the impugned

order dated 7^th March, 2015, the Deputy Commissioner

(Revenue), Aurangabad rejected the claim of the applicant Syyed

Shah Mohd Kadari as well as of the objectors - present

petitioners