The ‘Khadims' allegedly did not allow ‘Diwan' and his representatives to sit inside the shrine. Dewan Sayed Aley said in his plea that ‘Khadims' were not allowing him and his son or members of the community to enter and sit within the shrine or dome despite the fact that the ‘Dewan', who are descendants of Khwaja Mohinudin Chisti, had won a decree suit regarding distribution of offerings, gifts, alms, Kabraposh( chadar) etc on May 3, 1933.
The present controversy arose when an execution of the decree was moved in a lower court in 1991 by the Dewan family and a request was made to appoint a receiver for the execution of the same upon which Dargah committee was appointed as receiver.
The orders were assailed before the high court both by Khadims and Dewan.
Holding the appointment of receiver “bad” the single judge bench of Justice Bela M Trivedi observed, “It is undeniable fact that everyday large number of visitors and pilgrims all over the country and outside the country visit the Dargah and offer the donations in form of cash, kabarposh, implements, animals etc at the different places of Durgah, for different purposes.”
“It would be neither just nor convenient to appoint any outsider as the Receiver to implement or execute the directions given in the decree,” the judge said. The bench then directed ‘Nazim', appointed by Central government under Dargah Khawaja Saheb Act, 1955, to take hold of the entire offerings.
“It is directed that Nazim shall take the custody of the offerings or presents of gold or silver vessels or implements or kabarposhes that my be offered.”
