Back
NAGESH BHEEMAPAKA
Qazi Ahmed Masood Moinuddin – Appellant
Versus
State of Telangana – Respondent
ORDER :
Nagesh Bheemapaka, J.
Both the Writ Petitions question the vires of G.O.Ms.No. 9, MWD, dated 06.02.2023 of the 1st respondent – Sate of Telangana by which one Mohammed Sirajuddin was appointed as government Kazi for Sultan Bazar Zone, Hyderabad. Hence, they are being taken up together for consideration and disposal by way of a common order.
WRIT PETITION No. 6137 OF 2023
2. Petitioner in this Writ Petition contends that his paternal uncle Mohammed Zaheeruddin was the hereditary Kazi of Qazaath Sultan Bazar appointed by the government vide G.O.Ms. No. 923/HOME (General-A) Department, dated 29.06.1977 for the area of Qazaath Sultan Bazar (Residency area). The functions of Kazi are to perform marriages, decide matrimonial issues, religious, secular duties etc. and functions in the area. The said Mohammed Zaheeruddin appointed petitioner as Naib Kazi. Due to ill-health, his uncle submitted Application dated 02.02.2009 before the 1st respondent to appoint petitioner as Kazi for the subject area since hepossesses all requisite qualifications i.e., Modern education B.Com as well as Qazaath examination conducted by Jamia Nizamia, a well known renowned Islamic University, Hyderabad in 1
The appointment of a Kazi must involve consultation with local principal Muhammadan residents, and such appointments do not confer a legal right to claim the position.
The main legal point established in the judgment is that the appointment of Kazis is based on the desire of the Muslim residents of the area, and any number of Kazis may be appointed by the Governmen....
The appointment of multiple Kazis must adhere to territorial demarcation and established procedures, with mere recommendations not infringing on existing appointments unless formally overlapping.
The inaction of the government in appointing a petitioner as Kazi is arbitrary and violates principles of natural justice, holding that prior dismissal from Naib Kazi does not disqualify one for Kazi....
The court affirmed that the appointment of Khazis must follow the procedures outlined in the Khazi Act 1880, emphasizing local consultation and government authority.
Power to appoint Kazis for any local area - Provisions of Sections 2 and 4 of Act held that object of Kazis Act was merely to appoint a person whose duty it would be to render certain services to suc....
Removal of a Kazi under the Kazi’s Act, 1880, requires due process and can be based on misconduct associated with their office, including failure to oversee Naib Kazis adequately.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
