Subhechcha Ganguly 
Bringing an end to a legal dispute spanning nearly six decades, the Aurangabad bench of the Bombay High Court has upheld the custodianship of Nayyarjahan Begum over the Dargah Sayyad Shah Nizamuddin at Nizamuddin Chowk, Chhatrapati Sambhajinagar. The court dismissed a petition by Syed Saleemuddin, who had challenged her eligibility on the grounds that Islamic law does not permit women to be mutawallis (custodians) of wakf properties.
The bench, led by Justice S.G. Chapalgaonkar, ruled on April 30 that the case was “vexatious” and an attempt to harass the woman custodian. The court noted that Saleemuddin and his father, Syed Naseeruddin, had repeatedly filed similar cases since 1975, all of which had been dismissed at various judicial levels.
The dispute originated in 1966 following the death of Gulam Moinoddin alias Kaisaruddin, the then-mutawalli of the dargah. In 1996, a civil court appointed his wife, Mohamudi Begum, and daughter, Nayyarjahan Begum, as joint custodians — a decision that was also ratified by the Maharashtra Wakf Board.
Despite the ruling, Saleemuddin continued to challenge the women’s appointments, arguing that as a male descendant of the original custodian, he had a stronger claim. His attempts included fresh suits in 2011, 2012, and a Wakf suit in 2013. However, courts consistently rejected his claims, citing lack of merit and legal standing.
In the latest hearing, advocates Anand P. Bhandari and Najam E. Deshmukh, representing Nayyarjahan Begum and the Wakf Board, pointed out that Saleemuddin was a habitual litigant filing repetitive and baseless claims. They also stressed that the custodianship had already been validated by both civil and Wakf authorities.
In its ruling, the High Court firmly backed the legitimacy of Nayyarjahan Begum’s position as custodian, stating that no error was found in the Wakf Board’s order. The judgment reaffirmed her right to continue as mutawalli, bringing a definitive end to the protracted legal battle.
