IMPORTANT POINT
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.

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 1997 itself. However, in spite of representation dated 11.01.2017 before the 1st respondent and the one dated 02.02.2023 to the 2nd respondent, his case was not considered. Subsequently, he came to know that the 1st respondent issued the impugned GO. unilaterally appointing a non-local individual, R/o Asif Nagar as Kazi for Sultan Bazar zone without following the due process of law, in violation of Section 2 of the Kazi Act, 1880 (for short, ‘the Act’) on the basis of recommendation of MLA, Nampally Constituency in utter disregard to the orders passed by the Division Bench of this Court in Intezami Committee Mazid-E-Osmania v. A.P. State Waqf Board 1996(2) ALD 661 (D.B.). Petitioner contends further that as a Naib Kazi, he performed number of marriages in Sultan Bazar area during the period of his paternal uncle as Government Kazi and Mohammedans of Sultan Bazar area including the surrounding areas such as King Koti, Jam Bagh, etcetera are familiar to him. It is relevant to mention herein that all the Official records of marriages contain performance of his paternal uncle as Kazi and himself as Naib Kazi. He is not only qualified person but also in all respects the most suitable for the post of Government Kazi for Sultan Bazar Area, claims petitioner.

3. Learned counsel for petitioner Sri Shafath Ahmed Khan submits that as per Section 2 of the Act, appointment of Kazi shall emanate from the principal Mohammedan of the area who should forward their proposal to the 1st respondent, which, in turn, shall, if thinks fit for the proposed demand of appointment of Kazi in a particular area after consulting the principal Mohammadan of such local area, select one or more fit persons and appoint him or them as Khazi for such local area. However, in this case, the local MLA issued recommendation letter in favour of the 4th respondent, as is evident from para 3 of the report dated 24.11.2022 submitted by the 2nd respondent and the report dated 22.06.2022 of the 3rd respondent – Revenue Divisional Officer. According to the learned counsel, the check list of the 2nd respondent - District Collector that there is vacancy of Kazi in Sultan Bazar area is not correct but misleading. It is submitted that there are contingencies under which the Naib Kazi appointed under Section 3 of the Act ceases to function; they are 1) removal from the post by the government and 2) when suspended by the government, but the said two conditions are not applicable to the case of petitioner. Learned counsel further contends that petitioner temporarily visited Gulf country on business purpose, therefore, the information in the check list was false, which clearly reflects that it was prepared with an aim to appoint the 4th respondent as government kazi in the light of the recommendation letter