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.

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, arbitrary, unwarranted and without following the principals of natural justice and consequently direct the 3rd Respondent to reinstate the Petitioner Nayab Qazi of Mahaboobabad and Kuravi of Mahaboobabad District by removing the 4th Respondent from the post of Nayab Qazi of Mahaboobabad and Kuravi of Mahaboobabad District and pass...”

3. PERUSED THE RECORD:-

A. The impugned proceedings dispatch No.176/ 2022 dated 29.08.2022 issued by the 3rd respondent to the petitioner is extracted hereunder:-

“You are hereby informed that due to continuous contraventions of orders issued by Office of Qazath Sarkar Warangal, you are dismissed from the post of Naib Qazi.

You should not interfere in Qazath matters in future.

Return the completed and blank siyahas issued from this office for performing marriages within 5 days.”

B. The letter of the 3rd respondent addressed to the District Minority Welfare Officer, Mahaboobabad District, dated 16.06.2022 is extracted hereunder:-

I hereby bring into your kind notice regarding the said subject and reference cited above that, I am the QAZI of DISTRICT WARANGAL, as per G.O.Ms.No:7, of MINORITIES WELFARE (WAKF-1) DEPARTMENT. The Sadar Qazzath of Warangal is the primordial Qazzath of above three hundred years. The system of Qazzath was time-honored from the period of NIZAM and working quiet peaceful and in a proper method.

The said office of Qazzath, functioning in organized manner with qualified and appropriate persons (Naib-Qazi). These Naib-Qazi's are also performing their duties since the time of their forefathers and they do religious duties as well in the community.

The entire system of Qazath is administered effectively without any complaint from any corner, more particularly about marriages, performance of other rites and ceremonies while maintaining the records required there for, meeting the needs of Mohammedan residents of respective aforesaid local areas.

Whereas, the system of Qazzath, which was recognized under "THE KAZIS ACT of 1880". The marriages are performed accordingly and officially. The performed marriage records and their related documents will be filed time to time and sent to the concerned authorities of the State Government. The records of marriages are kept intact and will be available for further identity/ verifications of the person or persons according to their other requirements also.

In pursuance of the said matter, I appeal for not to disturb the system of Qazaath in interest of the community and not to entertain any incompetent or strange persons in the administration of Qazaath system, which are functioning since centuries in proper method.

Further more, it has been noticed that, some persons with vested interest or for their self gain making efforts to circumvent to system of Qazzath of Mahabubabad are