{1} DB SPECIAL APPEAL(W) NO.410/2014

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

JUDGMENT

D.B. SPECIAL APPEAL (WRIT) NO.410/2014

IN

S.B. CIVIL WRIT PETITION NO.14611/2009

SARWAR SIDDIQUI Vs. SYED ANWAR ALI & ORS.

DATE:12.02.2014

HON'BLE THE CHIEF JUSTICE MR. AMITAVA ROY

HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

Mr. Anil Mehta, for the appellant.

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BY THE COURT (PER HON'BLE THE CHIEF JUSTICE):

Heard Mr. Anil Mehta, the learned counsel for the appellant.

For the order proposed to be passed, it is not considered

essential to issue formal issue.

The respondent No.1 herein, instituted S.B. Civil Writ

Petition No.14611/2009, seeking appropriate writ, amongst others, to

interfere with the order dated 02.09.2008, passed by the learned Civil

Judge & Chief Judicial Magistrate, Ajmer, appointing the appellant

herein, as the acting Chairman of the Dargah Hajrat Meera Sahab,

Taragarh, Ajmer (for short, hereafter refferred to as 'the Dargah') and to

appoint a regular Chairman in his place. An appropriate direction was

also sought for to order the learned Civil Judge, Ajmer (respondent No.2

in the writ petition) to hold a proper enquiry against the appellant. The

{2} DB SPECIAL APPEAL(W) NO.410/2014

respondent No.1 pleaded that as far back in the year 1894, a suit i.e.

Civil Suit No.213/1894- Nazaf Ali & Ors. Khadims of the Dargah Meera

Sahab Vs. Gulzar Ali, was instituted alleging chiefly that the Dargah was

not being properly managed and further due to financial irregularities, it

was being exposed to considerable loss. By the judgment and order

dated 27.10.1896, the learned Sub Judge, First Class, Ajmer, formulated

a scheme for efficient supervision and control of the Dargah, whereunder

a Committee comprised of three members, two of whom were to be

appointed by the Khadims by election from amongst themselves and a

president thereof, was contemplated. The president of the Committee

was to be a Mohamadan and all the members were required to be adult

males of respectability. The person convicted of a serious offence under

the Indian Penal Code i.e. theft, criminal breach of trust or the like or of

bad character, was construed to be ineligible for the membership. The

respondent No.1 averred that since thereafter, the Dargah had been

managed and supervised by the Managing Committee. That the Chairman

was being nominated by the Civil Judge-cum-Chief Judicial Magistrate,

Ajmer, was mentioned as well. He further stated that the Civil Judge,

Ajmer appointed the appellant as the Chairman/President of the

Managing Committee by his order dated 03.01.1989. He alleged that in

the face of several complaints, he (appellant) was removed from the

office of the Chairman on 03.08.1989. He, however, could manage to

continue in the office on the strength of interim order obtained by him

{3} DB SPECIAL APPEAL(W) NO.410/2014

in S.B. Civil Writ Petition No.3179/1989, which was eventually dismissed

as infructuous. According to the respondent No.1, a specific complaint

was made against the appellant on 23.06.1990 and though, an enquiry on

the basis thereof was ordered by the learned Civil Judge, Ajmer and the

allegations were found to be correct, no action was taken against him

(appellant). It was, thereafter, that the appellant was again appointed as

the Chairman of the Committee by the learned Civil Judge, Ajmer by his

order dated 05.07.2003. The respondent No.1 has alleged that though a

number of complaints had been filed against the appellant, highlighting

his continuous misconduct vis-a-vis management of the Dargah, the

learned Civil Judge, Ajmer, without making any enquiry in connection

thereto,