IMPORTANT POINT
The court affirmed that the appointment of Khazis must follow the procedures outlined in the Khazi Act 1880, emphasizing local consultation and government authority.

ORDER :

1. Heard Sri Sultan Mohiuddin, the learned counsel appearing on behalf of the petitioner, the learned Government Pleader for Social Welfare appearing on behalf of respondent No.1, learned Government Pleader for Revenue appearing on behalf of respondent Nos.2 and 3, Sri Mohd. Naseeruddin, learned counsel appearing on behalf of respondent No.4 and Sri Mirza Safiulla Baig, learned counsel appearing on behalf of Respondent No.5.

2. The petitioner approached the court seeking prayer as under:

“To issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the 2nd Respondent in issuing impugned proceedings No. E4/1261/2017 dated 08/09/2023 contrary to the Memo No.17/Estt-1/2022-1 dated 09/02/2022 of the 1st Respondent thereby illegally included by recommending the name of 5th Respondent as Khazi for the same area as was allotted to the petitioner under Political influence of local MLA and former Speaker of T.S. Legislative Assembly without there being any demand and desire from the local Mohammandans without following due process of law as arbitrary, without authority, power, jurisdiction, illegal and in violation of Section 2 of Kazi Act 1880, Article 14 of Constitution of India, Decisions of the Divisional Bench of High Court in W.A.No.1468/2008 dated 06/02/2009, reported judgment in 1996 (2) ALD 661 DB, final order in W.P.No.37861/2023 dated 28/06/2023 and Principles of Natural Justice and consequently to set aside impugned proceedings E4/1261/2017 dated 08/09/2023 of the 2nd Respondent forthwith and to direct the 1st Respondent to issue orders of extension in continuation to G.O.Ms. No.44 MWD dated 18/10/2019 in respect of appointment of Khazi for the Kamareddy Dist; in the name of the petitioner in the interest of justice.”

3. The case of the Petitioner as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition in brief, are as follows:

(a) It is the case of the petitioner that, the 1st Respondent by following due process of law appointed the petitioner and the 4th Respondent as Govt. Khazi for Kamareddy District by invoking Section 2 of Khazi Act 1880 vide G.O.Ms. No.44 /2019 dated 18.10.2019 Minority Welfare Department, TS. initially for a period of three years. Before the expiry of the period of three years on 17.10.2022 as specified in the G.O.Ms. No.44, the petitioner personally pursued the matter with the Respondent Nos. 1 & 2 and also filed a representation dated 22.01.2022 requesting the 1st Respondent to modify the G.O. as the tenure of three years mentioned therein is contrary to the Khazi Act 1880.

(b) Further, the 1st Respondent referred petitioner’s representation to the 2nd Respondent vide Memo No. 17/Estt/-I/2022-I dated 09.02.2022 and through the said Memo the 1st Respondent requested the 2nd Respondent herein to furnish a detailed report along with the Check list duly ink signed with seal with specific recommendations for appointment of the petitioner and 4th Respondent as Govt. Khazi as per Section 2 of Khazis Act 1880 for taking further action in the matter at Government level. However, the 2nd respondent did not take any action with to the said memo dated 09.02.2022.

(c) It is the further case of the petitioner that aggrieved by the inaction of the 2nd respondent, the petitioner filed W.P No. 16437 of 2023 and the same was disposed of vide order dated 28.06.2023 directing 2nd Respondent herein to act upon the memo dated 09.02.2022 issued by the 1st respondent. However, the 2nd Respondent neither acted upon the memo dated 09.02.2022 nor followed the direction given in order dated 28.06.2023 in W.P.No. 16437 of 2023. Further, under the political influence of MLA and former Speaker Telangana Legislative Assembly, the 2nd respondent unilaterally and without there being any vacancy issued D.O.Lr. No. 587/SPKR/2023 dated 23.03.2023 along with the impugned proceedings No. E4/1261/2017 dated: 08.09.2023 includin