Nisar Ahmad Kakru, C.J.

1. A Circular issued by the Andhra Pradesh State Wakf Board (for short, “the Board”) vide its No.9/Qazat/2000 dated 30-11-2002 determining the fee payable to the Kazis/Naib Kazis for performance of a marriage and requiring Kazis to obtain marriage booklets, shianamas and registers from the Inspector Auditors, A.P. State Wakf Board of the respective Districts for a sum of 510/- for ten marriages, came to be questioned by medium of a Writ Petition No.634 of 2005 and the Writ Petition succeeded on the strength of a Division Bench judgment of this Court in Qazi Syed Abdullah Mohammadi and others v. State of Andhra Pradesh 2011 (1) ALD 116 (DB) , the relevant paragraph whereof may be noticed.

“For the reasons mentioned above, and in view of the above conclusions as arrived at, we hold that under the provisions of the Act, no power is conferred either on the State Government or even on the A.P. Wakf Board to deal with, fix or meddle with or otherwise the fee structure in respect of duties or functions of Kazis or Naib Kazis.”

2. Fixation of fee being in utter disregard to the above said judgment of the Division Bench, we record our concurrence with the impugned judgment of learned single Judge. While doing so, we would like to add to the reasoning that supports the view taken by the Division Bench of this Court.

3. The authoritative commentaries of Ameer Ali’s Mohommedan Law, Fifth Edition, traces the genesis of the Kazis Act, as follows:

“In the Hedaya, Book XX the principal powers and duties of Kazi have been stated at some length. Kazi was chiefly a Judicial Officer. He was appointed by the State and may be said to have corresponded to a Judge or Magistrate. In addition to his functions under the Muhammadan Law, the Kazi in this country, before the advent of British rule, appeared to have performed certain other duties, partly of a secular and partly of a religious nature. On the introduction of the British rule, Judges and Magistrate took the place of Kazis, and the Kazi in his judicial capacity disappeared, but the British Government, though no longer recognizing the judicial functions of the Kazi, did not abolish the office. By certain Regulations the appointment of Kazi-ul-Kuzzat and Kazis by the State was provided for, and the performance of their non-judicial duties was recognized by law. In 1864 by Act 11 of that year all the Regulations relating to the appointments of Kazis by Government and the duties to be discharged by them were repealed. Act 11 of 1864, however, raised a difficulty of a sort which was not anticipated at the time it was passed. To remove the difficulties being faced by Muslim Community by Kazis Bill was introduced in the Legislature.”

4. While enacting the Kazis Act, 1880 (for short, ‘the Act’) the statement of objects and reasons therein clearly reflect that the said Act “confers no legal rights or duties on Kazis and simply in order to satisfy the wants of the Muhammadan community, provides for appointment of Kazis by Government, leaving the position and duties of Kazis, whatever they may be as they now are, and to prevent any misapprehension on this point, a saving clause has been added to the effect that nothing in the Bill confers any judicial or other powers on a kazi, or makes his presence necessary at any marriage or other ceremony at which his presence is not now necessary.”

5. The Select Committee which had examined the Bill, preceding the Kazis Act, also recorded that the “result of the Bill as it now stands will be that there will be a Kazi appointed by the Government for those who choose to avail themselves of the services, but that those who prefer to employ any other so called Kazi will be at liberty to do so.”

6. It would be appropriate to reproduce the Kazis Act, 1880 (for short, ‘the Act’).

An Act for the appointment of persons to the office of Kazi.

Whereas by the preamble to Act No.11 of 1864. An Act to repeal the law relating to the offices