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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Mohd Muzaffar Ali Khan – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. procedural background for dismissal of naib qazi. (Para 2 , 3) |
| 2. petitioner's claims regarding appointment and dismissal. (Para 4 , 5) |
| 3. petitioner's defense against procedural violations. (Para 6) |
| 4. respondent's justification for dismissal and legal status. (Para 7 , 8) |
| 5. court's authority and reasoning on vested rights. (Para 9 , 10 , 11) |
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 Sri Ch.Siddhartha Sarma, 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 CERTIORARI calling for the records pertaining to the proceedings dated 29.08.2022 passed by the 3rd respondent in dismissing the petitioner as Nayab Qazi of Mahaboobabad and Kuravi in Mahaboobabad District and set aside the same as illegal, ar
The dismissal of a Naib Qazi does not violate principles of natural justice where no legal or statutory rights exist for the position under Kazi's Act.
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....
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.
The court affirmed vicarious liability of public officials for acts committed by subordinates in official capacity, directing action under relevant provisions of law for accountability.
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 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.
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