Delhi High Court Halts Unilateral Actions at Dargah Khawaja Saheb, Ajmer
Court Orders Adherence to Statutory Provisions and Principles of Natural Justice in Administrative Decisions
In a significant ruling, the Delhi High Court has intervened to halt unilateral administrative actions being undertaken at the Dargah Khawaja Saheb in Ajmer. The judgment, delivered by Justice Sachin Datta, came in response to a petition filed by Syed Meharaj Miya challenging a removal notice issued by the Nazim of the Dargah Sharif. The notice, dated November 22, 2025, ordered the removal of unauthorized encroachments within the Dargah premises by November 27, 2025.
The petitioner, represented by Senior Advocate Mr. Shadan Farasat, argued that the actions of the Nazim violated the Dargah Khawaja Sahib Act, 1955, which vests administrative powers exclusively in the Dargah Committee, and not in the Nazim. Furthermore, the petitioner contended that the notice contravened principles of natural justice as it was issued without affording an opportunity of hearing to the affected parties.
The court noted that the impugned notice could potentially infringe upon the fundamental rights of individuals engaged in various capacities at the Dargah. Emphasizing the need for adherence to statutory provisions, the court directed the expedited formation of the Dargah Committee as per Sections 4 and 5 of the Act, 1955.
Justice Datta issued interim directions ensuring that any further actions must comply with the principles of natural justice. The court mandated that a specific show cause notice, an opportunity for a hearing, and a reasoned order must precede any proposed actions against individuals.
The case is scheduled for further consideration on February 23, 2026, allowing time for the respondents to file a reply and for the petitioner to submit a rejoinder.
Bottom Line:
Administrative actions infringing fundamental rights of individuals must adhere to statutory provisions and principles of natural justice.
Statutory provision(s): Dargah Khawaja Sahib Act, 1955, Sections 4 and 5.
Syed Meharaj Miya v. Union of India, (Delhi) : Law Finder Doc Id # 2819723
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