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 appointment under the Khazis Act, 1880.

ORDER :

Surepalli Nanda, J.

Heard Sri Y.Ashok Raj, learned counsel appearing on behalf of the Petitioner, learned Assistant Government Pleader for Revenue appearing on behalf of the respondent No.1, learned Government Pleader for Social Welfare appearing on behalf of the respondent No.2 and learned senior designated counsel Sri P.Venugopal representing Ms.P.Krishna Keerthana, learned counsel appearing on behalf of the respondent No.3 on record.

2. The Petitioner approached the Court seeking prayer as under :

“…to issue a Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the 1^st respondent in not considering Petitioner’s application dated 24/01/2018 and not passing the appropriate orders in accordance with law is illegal arbitrary unwarranted and without following the principals of natural justice and pass

3. PERUSED THE RECORD:-

A. The present Writ Petition is disposed of on earlier occasion vide order dated 09.06.2023 and the relevant para Nos.5, 6 and 7 of the earlier order dated 09.06.2023 passed in the present W.P.No.14314 of 2024 is extracted hereunder:-

5. Learned Government Pleader for Minorities Welfare and learned Government Pleader for Revenue appearing for respondents submit that if the petitioner application dated 24.01.2018 is still pending for consideration, the respondent authorities may be directed to consider the petitioner application dated 24.01.2018 and pass appropriate orders in accordance with law.

6. In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing respondent authorities to consider the petitioner application dated 24.01.2018 in terms of specific remarks/recommendation forwarded by respondent No.2 dated 26.05.2018, and pass appropriate orders strictly in accordance, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.

7. Accordingly this Writ Petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs

B. The order dated 09.06.2023 passed in W.P.No.14314 of 2023 had been carried in W.A.No.1198 of 2023 by the 3rd respondent herein who was impleaded vide Court order dated 09.02.2024 in I.A.No.01 of 2024 in W.P.No.14314 of 2023 and the same is extracted hereunder:-

This application is filed by the petitioner to implead the proposed respondent as respondent No.3 in the Writ Petition.

Heard. Perused the record.

It is submitted that the proposed respondent No.3 is proper and necessary party for determination of the Writ Petition.

In view of the above submissions and the circumstances narrated in the accompanying affidavit, this application is allowed as prayed for.

Registry is directed to carry out necessary amendment.

C. The relevant paragraph Nos.12 & 13 of order dated 29.12.2023 passed in W.A.No.1198 of 2023 is extracted hereunder:-

12. The appellant admittedly has been appointed as Kazi in respect of Warangal District. Whether Mahabubabad area falls within the Warangal District is a question which has to be determined. Undoubtedly, the State Government has power to appoint a person as Kazi but in the instant case, respondent No.1 has not approached the Court with clean hands and had suppressed the factum of filing a writ petition namely W.P.No.39201 of 2022. The appellant is the person who would be affected in case an order on the representation of respondent No.1 dated 24.01.2018 is passed