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2021 Supreme(All) 390

MANOJ MISRA, ANIL KUMAR OJHA
Maulana Mohd. Riyasat Ali – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mahabir Yadav, Ram Awtar

JUDGMENT :

1. This matter has been heard through video conferencing.

2. We have heard Sri Mahabir Yadav for the petitioner; the learned Standing Counsel for the respondents 1 to 7; and have perused the record.

3. The petitioner seeks quashing of the order dated 20.6.2019 passed by Principal Secretary (Nyay Anubhag-3) (Appointments), Govt. of U.P., Lucknow rejecting the representation of the petitioner for appointment as a "Kazi" under Section 2 of the Kazis Act, 1880 (for short the Act).

4. Briefly stated the facts giving rise to this petition are as under: One Janab Sayed Sabir was earlier appointed as Kazi in Agra City. He died in the year 2013. After his death no City Kazi has been appointed by the State. The petitioner, by claiming that he had been performing duty as a Naib City Kazi, applied to the State Government seeking for his appointment as "Kazi". When no decision was taken on the application of the petitioner, a writ petition was filed which was disposed off by requiring the concerned Secretary in the Government to take decision on petitioner’s claim. When a decision was not taken, contempt application was filed. Now, by the impugned order, the claim of the petitioner for a

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