Ashok B. Hinchigeri, J.

The dispute is over the appointment of Kazi for Afzalpur Taluk. Both the petitions are directed against the same order dated 27.2.2009 (Annexure Zin W.P.No.81366/09 and Annexure A in W.P.No.81310/09). By the impugned order, the respondent No.4 Syed Ghousuddin is appointed as Kazi of Afzalpur Taluk for 92 villages and the respondent No.3 Mohd. Hussain Siddiqui is continued as Kazi of 21 villages of Afzalpur Taluk.

2. Smt. Hema L Kulkarni, the Learned Counsel for the petitioner submits that the appointment of Kazis has to precede the consultation of the Government with the principal Mohammedan residents of the local area. She brings to my notice the provisions contained in Section 2 of the Kazis Act which are extracted herein below:

“2. Power to appoint Kazis for any local area: Wherever it appears to the (State Government) that any considerable number of the Muhammadans resident in any local area desire that one or more Kazis should be appointed for such local area, the (State Government) may, if it thinks fit, after consulting the principal Muhammadan residents of such local area, select one or more fit persons and appoint him or them to be Kazis for such local area.”

3. She submits that the petitioners have produced 8 documents which have not even received the cursory consideration at the hands of the first respondent. She brings to my notice the panchanama (Annexure – S). It states that the panchas went to the residence of Rahimuddin Kazi and made enquiries with his neighbours. The religious services like marriages, sunath and other religious services were being performed by Rahimuddin Kazi. On his death on 21.1.2007, his son Riyazuddin (the petitioner No.1) has been performing the religious services. She also brings to my notice the receipts issued by Mysore State Board of Wakfs for having receiving the money from Rahimuddin towards the supply of the marriage forms. It is her grievance that all these vital documentary evidence has not been taken into consideration by the respondent No.1. In the course of arguments, she has also filed a memo with copies of two siyanams (marriage certificates). The same are taken on record.

4. Sri. Vijay Kumar, the Learned Counsel for the petitioner in W.P.No.81310/2009 submits that the petitioner is the nephew of a former Kazi of Afzalpur Taluk, namely, Gulam Mohammed. He submits that Gulam Mohammed had no male issues. He virtually treated the petitioner as his son. On his demise in 1994 he has been performing the religious services. He applied for Kaziship in 2003. Though Syed Ghousuddin did not produce an iota of documentary evidence and the petitioner produced voluminous documents, the respondent No.1 overlooking everything has appointed Syed Ghousuddin as the Kazi for 92 villages of Afzalpur Taluk. He brings to my notice the Annexures at E1 to E10 and J1 to J4, the marriage certificates issued by the Gulam Mohammed/petitioner from 1970 till today. He also brings to my notice the receipts issued by the Mysore State Board of Wakfs (Annexures K1 to K9) for having received the money from Kazi Gulam Ahmed towards the supply of marriage forms. The petitioner has also produced the affidavits at Ex.P.1 to P.19 of different residents of Afzalpur, which states that the deponents are all Muslims, that Gulam Mohammed was officiating as the Kazi and that on his death, the petitioner is officiating as Kazi. At Annexure P.20 is the recommendatory letter issued by the local M.P. belonging to the same community; at Annexure P.21 is the certificate issued by the local MLA stating that the petitioner has been serving as the Kazi ever since the death of his father. Lastly, Sri Vijay Kumar brings to my notice the certificate at Ex.P.24 issued by Town Panchayath Office, Afzalpur to the effect that the petitioner is serving as the Kazi for Afzalpur Taluk from many years after his father’s death. It is the grievance of Sri Vijay Kumar that none of these documents have weighed