Here's a story from the Bombay High Court, Aurangabad Bench, about a family feud over some valuable land and religious titles. Let's break it down.
This case is all about who gets to be the next in line for the Atiyat grant, which includes some land and the role of caretaker for the Hazarat Sayed Chand Dargah and Mosque in Udgir. The court had to decide if Syed Hidayatali was the rightful heir.
Back in 2014, the Additional Collector of Latur decided that Syed Hidayatali was the next in line. This meant he could take over the land and the responsibilities that came with it. The decision was based on a power of attorney he got from Syed Abdul Kasim.
The petitioners, including Syed Zaker's family, challenged this decision. They argued that the power of attorney wasn't enough to transfer such rights. They said the Atiyat grant should be passed down through the family, not assigned through a document like that.
The court looked into the Hyderabad Atiyat Inquiries Act, 1952. This law says that Atiyat grants are supposed to be passed down through the family. It also mentions that if there's a disagreement about who should inherit, it should be settled in a regular court first.
Judge R. M. Joshi decided that the previous ruling in favor of Syed Hidayatali was not valid. The court found that the Atiyat grant was supposed to be passed down through the family and couldn't just be handed over through a power of attorney.
The court ordered a new investigation to be conducted by the Atiyat Court. This means everyone involved will get another chance to make their case about who should inherit the grant.
After the judgment, Syed Hidayatali asked for a pause on the decision so he could appeal to the Supreme Court. The court granted a six-week pause.
In summary, the court decided that the land and responsibilities should be inherited and not transferred through a power of attorney. A new investigation will be conducted to determine who the rightful heir should be.
