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Andhra Pradesh High Court
Judges : K.RAMACHANDRA RAO
KHAXI MEHD.ABBAS ALL - Appellant
Versus
A.P. Wakf Board - Respondent
Decided On : 08-28-78
KAZI APPOINTMENT - ANDHRA PRADESH WAKF BOARD - ACT XII OF 1880, SECTION 2 - WHETHER THE OFFICE OF KAZI IS PURELY SECULAR OR CONNECTED WITH RELIGIOUS DUTIES - WHETHER THE ANDHRA PRADESH WAKF BOARD HAS JURISDICTION TO APPOINT A KAZI - WHETHER A KAZI PERFORMS RELIGIOUS DUTIES - WHETHER THE PETITIONER, APPOINTED AS NAIB KAZI UNTIL FURTHER ORDERS BY THE WAKF BOARD, CAN CLAIM TO CONTINUE IN THE SAID POST AS OF RIGHT AND CHALLENGE THE IMPUGNED ORDER OF THE BOARD - WHETHER A WOMAN CAN BE APPOINTED AS A KAZI.
Fact of the Case:
The petitioner, Mohd. Abbas Ali, challenged the order of the Andhra Pradesh Wakf Board recognizing the right of the 3rd respondent, Faridunnisa Begum, to the office of Kazaat as she is the only legal heir and sole successor to late Kazi Abdul Wahab, the Kazi of Nalgonda and Devarkonda. The petitioner contended that the office of Kazi is purely secular and unconnected with any religious duties, and therefore the Wakf Board has no jurisdiction to appoint a Kazi. On the other hand, the 3rd respondent contended that the office of the Kazi is a religious one, that for rendering the service of Kazi, properties were endowed and they constitute Wakf and therefore the Wakf Board has power to appoint a kazi.
Finding of the Court:
The court held that the office of Kazi is not purely secular but also involves the performance of certain religious duties, such as officiating at marriages and leading prayers in Mosques. The court also held that the Andhra Pradesh Wakf Board has jurisdiction to appoint a Kazi, as the office of Kazi is a religious one and properties were endowed for rendering the service of Kazi, which constitute Wakf. However, the court held that the petitioner, who was appointed as Naib Kazi until further orders by the Wakf Board, cannot claim to continue in the said post as of right and challenge the impugned order of the Board, as his appointment was purely temporary.
Issues: 1. Whether the office of Kazi is purely secular or connected with religious duties? 2. Whether the Andhra Pradesh Wakf Board has jurisdiction to appoint a Kazi? 3. Whether a Kazi performs religious duties? 4. Whether the petitioner, appointed as Naib Kazi until further orders by the Wakf Board, can claim to continue in the said post as of right and challenge the impugned order of the Board? 5. Whether a woman can be appointed as a Kazi?
Ratio Decidendi: 1. The court relied on the Statement of Objects and Reasons of Kazis Act, 1880 (Act XII of 1880), which states that the Kazi performs certain religious duties, such as celebrating marriages and presiding at divorces. 2. The court also relied on the preamble to the Kazis Act, which states that the presence of Kazis appointed by the Government is required at the celebration of marriages and the performance of certain other rites and ceremonies. 3. The court held that the petitioner, who was appointed as Naib Kazi until further orders by the Wakf Board, cannot claim to continue in the said post as of right and challenge the impugned order of the Board, as his appointment was purely temporary.
Final Decision: The petition was dismissed.
( 1 ) THIS is an application for the issue of a writ, in the nature of a writ of certiorari, to call for the records relating to the proceedings in F. No. 138/74 Nazirul Quazaath/188, dated 23-4-1977 of the Andhara Pradesh Wakf board, and to quash the same.
( 2 ) THE relevant facts are as follows:the dispute in this writ petition relates to the appointment of Kazi to the areas of Nalgonda and Devarkonda. Originally one Kazi Ghulam Mohinuddin, was the Kazi. He died in 1910 a. D. He had a son Mohammed Obedullah, who pre-deceased him, leaving behind two sons Mohammed Abdul Wahab, the father of the 3rd respondent and Mohammed Abbas Ali, the petitioner herein. Certain grants includiag jagirs were endowed for the performance of services of Kazi of Nalgonda and Devarkonda. In 1352 fasli, the succession was granted in favour of khazi Gulam Mohinuddin, son of Kazi Mohammed Abdul Wahab, with shikmi rights of the petitioner Mohd. Abbas Ali and t he other heirs of mohammed Abdul Wahab. Gulam Mohiuddin, and his sister Ismatunnisa begum, migrated to Pakistan sometime after the police action. The other sister of Gulam Mohiuddin, Faridunnisa Begum, the 3rd respondent claimed the office of Kazaat by hereditary right along with the Mash and cash grant attached thereto, the petitioner remaining as a shikmidar. One Shaik Ahmed, was appointed as Naib Kazi for discharging the duties of Kazi. On the death of Shaik Ahmed on 5-3-1966, the question of making arrangements for the performance of the office of Kazaat of Nalgonda aad Oevarkonda, arose. The petitioner applied to the Andhra Pradesh Wakf Board for appointment in the place of late Shaik Ahmed. The Wakf Board rejected the application of the petitioner on 28-5-1968 but he continued to be the care taker as Naib kazi under the orders, dated 14-7-1966 of the Wakf Board. Subsequently, the question of appointing a Kazi on a permanent footing arose. The secretary of the Wakf Board, by the impugned order, recognised the right of the 3rd respondent to the office of Kazaat as she is the only legal heir and sole successor to late Kazi Abdul Wahab, the Kazi of Nalgonda and devarkonda. The 3rd respondent being a Woman, she is directed to make arrangement for a Naib on her behalf for the actual performance of the office of Sadar Quazath, Nalgonda and Devarkonda, if she does not watt to continue the petitioner as her Naib, and that on appointment of another person as Naib, the petitioner would automatically cease to hold the office of Quazath. Fn this writ petition, the petitioner challenges the impugned order, recognising the right of the 3rd respondent to the office of kazat.
( 3 ) SRI Upendralal Waghray, learned counsel for the petitioner contends that the office of Kazi is purely a seqular one, unconnected with aay religious duties, and therefore the Wakf Board has no jurisdiction to appoint a Kazi.
( 4 ) ON the other hand, it is contended by Sri K. F. Baba. learned counsel for the 3rd responded that the office of the Kazi is a religious one, that for rendering the service of Kazi, properties were endowed and they constitute Wakf and therefore the Wakf Board has power to appoint a kazi.
( 5 ) THE first question for consideration is whether a kazi performs the religious duties or not. Both the counsel have invited my attention to the passages from Text Books on Mohammad an Law and to several. rulings of various High Courts.
( 6 ) IN Wilson s Glossary, Kazi is mentioned as "a Mohammadan judge, an officer formerly appointed by the Government to administer both civil and criminal law, chiefly in towns according to the principles of the korany under the British authorities the judicial functions of the Kazis in that capacity ceased, and, with the exception of their employment as the legal advisers of the Courts in cases of Mohammadan law, the duties of those stationed in the cities or districts were con lined to the preparation and attestation of deeds of conveyance and other legal instr
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