ZULFIQUARUDDIN ZAHIRUDDIN Vs. SYED KARIMUDDIN MAHBOOB

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner challenges the order of remand passed by the Collector, Aurangabad, on 6th May 1981, in the Atiyat Enquiry before him and it arises out of the following facts : - The dispute relates to Survey No. 48 of Nagpur village in Taluka Kannad of Aurangabad District. The authorities below proceeded in this marter on the footing that this is Inam land given to the Durgah Hazrat Maliksaheb. The present petitioner disputed this fact. It appears that disputes arose amongst the heirs of the original Inamdar Gulam Hussain Gulam Sajjad Saheb and as a result of the report made by the Tahsildar that proper services were not being rendered by the Durgah, an order was passed in 1946-47 that the land should be attached and should be kept under Government supervision. This order was passed as a result also of an application given by one of the heirs of the original Inamdar that his share in the income from the land was not given to him and since 1946-47 the land is taken under Government Supervision and is being let out on Eksala Lawani basis. Zahiruddin was the father of the present Petitioner. He claimed to be in possession of the land and he was allowed to remain in possession of this land on Eksala Lawani basis from year to year from 1946-47 till this day.

(2.) On 24-4-1959 Amiruddin, who was one of the heirs of the Inamdar, made an application for the payment of his share in the Lawani amount to him. A similar application was given by him on 25-1-1962 also, On 3-9-1966 one Sirajuddin gave an application for attachment of the property because he was not receiving his share in the Lawani amount. The present Respondent Karimuddin and some others raised seprate objections for this prayer made by Sirajuddin. This was in File No. 76/LND/CR/8 Taluka Kannad.

(3.) By virtue of an order, dated 13th September, 1978, the learned Sub-Divisional Officer, Vaijapur, passed the following order : - "Attachment would put the person in possession to hardship. His interests are to be protected subject to the condition that he performs the service and pays rent as determined by Tahsildar to latter's office for arranging services through Wakf Board. The case of succession of Inamdar can be dealt with after issuing proclamation independently, then referring the matter to Government. In the instant case O. P. Karimuddin may be directed to establish his case of Gen. Mukhtaranama through proper Civil Court. Put up drafts." And the matter remained at that stage for the time being.