A HISTORY OF SCHEME OF HAJART BABA TAJUDDIN TRUST, NAGPUR

     
   
  SHRI. GUNWANT M. KUBADE  
  (Retired Principal District Judge)  
     
Tajabad committee was formed in the year in a meeting held on 26th May 1935.it was registered as Trust under M.P. Public Trust Act. It is registered under section 28 of Bombay Public Trust Act 1950 as per the order passed on 30th April 1962 of Assistant Charity commissioner Nagpur
   
Present scheme of Trust is framed on 25/02/1970 Shri A.D. Tated 2nd Extra Sessions Judge Nagpur decreed R.C.No.1/1966 a suit of President of Kuddam committee and settled a scheme for the administration of Tajabad Committee. A clause 7 (b) of the scheme provides that there should of nine trustees of different communities like Muslim, Khadims, Kachi, Bohara, Khoja, Hidu, Sikh, Christian, Parsi. A clause 8 of scheme suggests that the trustees shall be experienced, devotee of Baba Tajuddin having good respect and status and resident of Nagpur. This frame of Trust is still in force. Under these undisputed provisions, District Judge Nagpuris empowered to appoint the nine Trustees of different religions on the Board of Trustee for the period of three years. The trustees then are permitted to elect Chairman,vice Chairman, Treasure amongst them.
A clause 18 of the scheme permits the board of trustees to appoint Khaddims on monthly basis to perform religious functions. or celebrations in Durga. But the khaddims did not agree to these provisions ,hence they challenged the clauses 5 (iv) 18 and 19 of the scheme in appeal No. 98/1970 before the High Court.
   
On 02/04/1981 Division Bench of Justice Jamdar and Padhye dismissed First Appeal No. 98/1970 of President of Kuddam committee. On 09/01/1984 the Supreme Court dismissed SLP, of President of Kudam committee against the dismissal of their first appeal No.98/1970,however, it was left open to petitioners to file a suit to establish his rights if any.
   
   On 20/12/1986 Abdul Hassan Abdul Rahim, President of Kudam committee filed Trust Suit No. 04/1986 for declaration that Khadim’s are not servant of trust and they are entitled to collect Chiragi at the shrine besides Nazaran and offerings for religious services rendered by them. On 25/06/2015 Learned District Judge-6, Smt. Ghotekar dismissed Trust Suit No. 04/1986.Being aggrieved by the said judgment, plaintiff khuddams directed First Appeal No. 738/2015 before the High Court which is pending.
   
As regards the activities of khaddims in Darbar On 19/06/2003 Sheikh Hussain a Chairman of Trust and Iqubal Velji a Chairman and Secretary of Trust filed application under Section 41(e) of Bombay Public Trust Act against Abdul Hassan Abdul Rahim and 13 others being office bears of Khudam Darga committee for injunction restraining them from collecting offerings at the Darga. It was registered as Application No.4 of 2003. On 09/07/2003 & 11/07/2003 Shri A.J. Rohee Jt. Charity Commissioner allowed the application while issuing as may 15 directions.
   
On 16/07/2003 the respondents directed Regular Civil Application No. 09/2003 against said order before Additional District Judge Nagpur. On 06/12/2003, Shri P.R. Bora a district judge Nagpur allowed the application and set aside the order dated 11/07/2003 in Application No. 04/2003.A trust then directed Writ Petition No. 19/2004 against the said order. On 17/09/2010, a Division Bench consisting of Justice D.K. Deshmukh allowed the Writ Petition and set aside order dated 06/12/2003, while remanding Civil Application No. 09/2003 to the District Judge Nagpur for denovo consideration and decision according to law.On remand by a judgment dated 10/02/2016 District Judge Nagpur (Shri T.K. Akali) allowed the application. Being aggrieved by said judgment he respondents Khadim directed Writ Petition No. 1208/2016 before the High Court which is pending.
   
In the mean while H.B.T.Trust through its office bearers had directed a W.P. No.7171/20017 against state of Maharashtra and others to challenge an order dated 9th January 2004 of Additional Collector and chief executive officer Maharashatra State Board of Nagpur under section 43 of Wakf Act. On 27.9.2010 it was allowed to set aside the order dated 9th January 2004. In this context one Shabbir Ahmad Vidhrihi had filed W.P.No.4847/2008 before the principal seat of this Hon’ble court but it was disposed on 27.9.2010 of in view of order passed in W.P.7171/2007.
   
Shri Shabbir Ahemad Vidrohi had filed a Review Petition No.39 of 20012 in W.P.No.4847 of 2008 before the principal seat of Hon’ble High Court. It was disposed of by an order dated 14.10.2014. On 1.9.2015 Dr. Javed Anwar Sheikh had filed application No.787/2015 before District Judge Nagpur for appointment of trustees. Shri Taj Ahemad Raja also filed application No. 994/2016 for similar reliefs. By an order dated 15.10.2016, in these proceedings, Shri. Gunwant M. Kubade a retired principal district judge was appointed as administrator of H.B.T. Trust and restrained the previous trustees from working as the office bearers of Trust.
   
Since 18.10.2016 Shri Kubade is functioning as an administrator of Trust. On 27.11.2016 Shri Kubade formed a committee of four members to assist him in the management of Shri Amanbhai a cooperator, Shri Sir Smith John Jeelani an engineer and devotee of Baba, Adv. Ashwin Bethria & Shri Abdul Rajaq Abdul Jabbar @ Parubhai a member of Khadims. However since 09.4.2017 shri Abdul Rajaq is dropped from the committee.
   
A process of appointing new trustees is in the process. Shri Jaiswal a District Judge Nagpur may appoint a board of nine trustees soon. With the active support of shri Jeelani and Shri Amanbhai, administrator Shri Kubade is discharging the duties. This team has done many works for the development of the project and requests all the devotees to contribute their mites in this holy and noble works.
   
This team has undertaken various steps to assure a safety and security of devotees who would be visiting the shrine. Clock rooms for valuables or bags, a parking area, footwear’s safety bags, on payment of nominal charges, clean water supply are taken on priorities. No khaddim would force or extract money from devotees. All devotees are assured a peaceful, air and transparent services and sufficient time to offer their prayers to Holy Tajuddin Baba. A team extends all the best wishes to the Jayrins visiting the Shrine.
 

ADMINISTRATOR OF TRUST

SHRI AMAAN BHAI
(Co-operator)
ADV. ASHWIN BETHRIA SHEHZADA KHAN
(Caretaker)
 
 
 
 

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