Case Note & Summary
The High Court of Bombay at Aurangabad heard a group of four writ petitions (Writ Petition Nos. 3735 of 2014, 6172 of 2014, 4957 of 2014, and 4047 of 2014) along with civil applications. The petitions challenged an order dated 07.03.2014 passed by the Additional Collector (Atiyat), Latur in File No. 2013/Religious/CR-96 under the Hyderabad Atiyat Inquiries Act, 1952. By that order, the Additional Collector allowed the appeal of the contesting respondent, Syed Hidayatali, declared him successor to the Atiyat grant, and held that he was entitled to receive possession of the subject properties. The subject properties included Survey Nos. 167 and 230 situated at Udgir, which were resumed by the Government and managed through Ek Sal Lavani auction. The petitioners claimed that a Muntakhab issued by the Collector, Osmanabad (Bidar Sharif) had recognized succession rights in favour of Syed Burhan. After his death, his heirs Syed Asadullah and Syed Noorudin were identified, with succession given to the elder son Syed Asadullah and Syed Nurrodin as his Deputy. The lands were resumed by the Government on 11.07.1983 for alleged non-compliance of Atiyat grant conditions, and Ek Sal Lavani system was adopted. This resumption was challenged before the Deputy Collector (Atiyat), Udgir, where initially a stay was granted but later vacated on 08.05.1990. The matter went through appeal and revision, ultimately leading to Writ Petition No. 1676/1992 before this Court. That writ petition was filed by Syed Abdul Kasim, son of Syed Meera Hussaini, with Syed Hidayatali appearing as his constituted attorney. On 20.07.1996, the Court allowed the petition, set aside the impugned orders, and remanded the matter to the Deputy Collector (Atiyat), Udgir for fresh disposal, directing that the Government continue possession and liberty to auction the land on Ek Sal Lavani basis pending inquiry. Later, Syed Hidayatali filed Writ Petition No. 8026/2010 seeking a direction to the Deputy Collector to decide his application dated 21.09.1996. That petition was disposed of with liberty to file a fresh application. Accordingly, on 03.03.2011, Syed Hidayatali filed a fresh application before the competent authority, claiming succession to the post of Mutawalli and possession of Survey Nos. 167 and 230, as well as the entire auction amount. That proceeding led to the impugned order of 07.03.2014. The court noted that the facts and points of law in all petitions were the same and, with consent, heard them together. The petitioners contended that the succession should have been determined in their favour based on the Muntakhab and the earlier proceedings, and that the impugned order erroneously recognized Syed Hidayatali as Mutawalli. The provided text ends before the court's analysis, findings, and final decision. Therefore, the final outcome, legal ratio, and detailed reasoning are not available in the extracted portion.
Issue of Consideration
Whether the Additional Collector (Atiyat), Latur correctly allowed the appeal and declared the contesting respondent as successor to the Atiyat grant and Mutawalli of Hazarat Sayed Chand Dargah and Masjid, Udgir, and entitled to possession and auction proceeds, under the Hyderabad Atiyat Inquiries Act, 1952.
Case Details
2025 LawText (BOM) (09) 7
Writ Petition No. 3735 of 2014 along with Writ Petition No. 6172 of 2014, Civil Application Nos. 11432 of 2023 and 6311 of 2024 in Writ Petition No. 6172 of 2014, Writ Petition No. 4957 of 2014, and Writ Petition No. 4047 of 2014
V. C. Solshe, S. N. Kendre, S. P. Shah, A. S. Deshmukh, A. P. Bhandari, S. Q. Shaikh, A. N. Ansari, G. R. Syed, R. B. Deshmukh, D. R. Bhadekar
Sayed Haji s/o Sayed Mustaffa, Sayed Hasham s/o Sayed Khaja, Sayed Akbar S/o Sayed Noor (died through LRs: Syed Mujahed s/o Syed Akbar Jahagirdar, Syed Nooruddin s/o Syed Akbar Jahagirdar, Syed Asadulla Saber s/o Syed Akbar Jahagirdar, Syed Omer s/o Syed Akbar Jahagirdar)
The State of Maharashtra, The Deputy Collector (Atiyat) Udgir, The Tahsildar Udgir, Sayed Hidayatali s/o Sayed Lal Mutavali, Sayed Abdul Razzak Sayed s/o Sayed Mutavali, Hashmi Sayed Haji Sayed Lal (died through LRs: Syed Irshad S/o Hashmi Sayed Haji, Hashmi Akhil S/o Hashmi Sayed Haji, Hashmi Sayyed Jamil S/o Hashmi Sayed Haji, Sayed Shakil S/o Hashmi Sayed Haji, Hashmi Syed Khaleel S/o Hashmi Sayed Haji, Syed Mudassir S/o Hashmi Sayed Haji), Hashmi Muktar s/o Sayed Alimoddin, Syed Abdul Hag s/o Syed Nooruddin
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Nature of Litigation
Writ Petitions challenging order passed by Additional Collector (Atiyat), Latur under Hyderabad Atiyat Inquiries Act, 1952, relating to succession to Atiyat grant and Mutawalliship of Hazarat Sayed Chand Dargah and Masjid, Udgir, and possession of Survey Nos. 167 and 230.
Remedy Sought
Petitioners sought to set aside the order dated 07.03.2014 passed by Additional Collector (Atiyat), Latur, which allowed the appeal of respondent Hidayatali and declared him successor/Mutawalli entitled to possession and auction amount.
Filing Reason
Petitioners challenged the Additional Collector's order granting succession and Mutawalli rights to respondent Hidayatali, contending that succession should be determined in their favour based on Muntakhab and earlier proceedings.
Previous Decisions
Muntakhab issued by Collector, Osmanabad (Bidar Sharif) in favour of Syed Burhan; succession given to Syed Asadullah with Syed Nurrodin as Deputy; lands resumed by Government on 11.07.1983; Ek Sal Lavani adopted; challenge before Deputy Collector, stay vacated on 08.05.1990; Appeal and Revision led to Writ Petition No. 1676/1992; this Court by order dated 20.07.1996 allowed the petition, set aside impugned orders and remanded to Deputy Collector; Syed Hidayatali filed application, Writ Petition No. 8026/2010, liberty to file fresh application; fresh application dated 03.03.2011, direction to dispose within three months (not complete).
Issues
Whether the Additional Collector (Atiyat), Latur correctly allowed the appeal and declared the contesting respondent as successor to the Atiyat grant and Mutawalli of Hazarat Sayed Chand Dargah and Masjid, Udgir, and entitled to possession and auction proceeds, under the Hyderabad Atiyat Inquiries Act, 1952.
Submissions/Arguments
Petitioners contended that Muntakhab issued by the Collector, Osmanabad (Bidar Sharif) established succession right in favour of Syed Burhan, and after his death, the succession was lawfully granted to Syed Asadullah as the elder son with Syed Nurrodin as Deputy.
Petitioners claimed that the lands were resumed by the Government on 11.07.1983 for alleged non-compliance of Atiyat grant conditions and Ek Sal Lavani system was adopted, which was challenged in earlier proceedings.
Petitioners asserted that the litigation history, including Writ Petition No. 1676/1992 and the remand order dated 20.07.1996, supported their claims, and that other applications concerning succession were pending before the Deputy Collector (Atiyat), Udgir.
Judgment Excerpts
Rule. Rule made returnable forthwith. By consent of both sides, heard finally.
These Petitions take exception to the order passed by the Additional Collector (Atiyat), Latur dated 07.03.2014 in File No. 2013/Religious/CR-96 passed under the provisions of the Hyderabad Atiyat Inquiries Act, 1952 (for short 'the Act'), whereby the Appeal filed by contesting Respondent, Hidayatali, came to be allowed and he is declared to be successor of Atiyat grant and held to be entitled to receive possession of subject properties.
Petitioners challenge the order impugned passed in favour of Syed Hidayatali (contesting Respondent) whereby he was held to be Mutawalli in respect of Hazarat Sayed Chand Dargah and Masjid, Udgir (for short 'Dargah and Mosque').
Procedural History
The lands in question were subject to Atiyat grant. Muntakhab was issued by the Collector, Osmanabad (Bidar Sharif) in favour of Syed Burhan, and after his death succession was given to Syed Asadullah with Syed Nurrodin as Deputy. The Government resumed the lands on 11.07.1983 for alleged non-compliance of grant conditions and introduced Ek Sal Lavani. The resumption order was challenged before the Deputy Collector (Atiyat), Udgir, where a stay was initially granted but later vacated on 08.05.1990. Appeal and revision followed, culminating in Writ Petition No. 1676/1992 before the High Court. By order dated 20.07.1996, the High Court allowed the petition, set aside the impugned orders, and remanded the matter to the Deputy Collector (Atiyat), Udgir for fresh disposal, with the Government to continue possession and liberty to auction the land on Ek Sal Lavani basis pending inquiry. Syed Hidayatali filed Writ Petition No. 8026/2010 seeking a direction to decide his application dated 21.09.1996; that petition was disposed of with liberty to file a fresh application. Syed Hidayatali then filed a fresh application on 03.03.2011 before the competent authority claiming succession to the post of Mutawalli and possession of Survey Nos. 167 and 230 along with auction amount. The Additional Collector (Atiyat), Latur passed the impugned order dated 07.03.2014 allowing that application and declaring Syed Hidayatali as successor/Mutawalli, which led to the present writ petitions.
Acts & Sections
- Hyderabad Atiyat Inquiries Act, 1952:
