SYED ABDUL BASITH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner claims to be the descedant of Hazrat Shah Qumais. According to the petitioner he is Gaddi Nashin and Khidmatguzar of Khankah Hazrat Shah Qumais Sahib situate at Sadhaura. In para 2 of the petition it is averred that Roza and Khankah Hazrat Shah Qumais came into existence more than 300 years ago and that the descendants of Shah Qumais are from that time managing and controlling the Roza. Hazrat Shah Qumais died about 300 years back and was buried in Sadhaura and after this a Roza was built over the place in the sacred memory of Hazrat Shah Qumais and all the members of the descendant families of Hazrat Shah Qumais are burried in this Roza, which was turned into a Kabristan of the descendant families and is surrounded by a boundary wall. There is a Khankah attached to it which consists of about 15 rooms and 15 barracks. There is a cultivable land attached to the said Khankah and Roza measuring about 24 acres. There is also a Nakkar Khana and one Masjid attached to the Roza. Every year 'Urs' takes place at this place when a large number of people, some times nearing a lac, gather there to pay their homage to Hazrat Shah Qumais.

(2.) The S.D.O. (Civil), Naraingarh on the order of the Collector, Ambala, issued a show-cause notice to the petitioner to the effect that he should explain as to why he should not be removed from the office of Mohtmim of Roza Shah Qumais. It is in this situation that the present petition has been filed under Articles 226/227 of the Constitution of India challenging the order of the Collector issuing him the show-cause notice.

(3.) No reply has been filed on behalf of the respondents in spite of service. Thus the averments made in the petition are to be taken as correct.