The appointment of multiple Kazis must adhere to territorial demarcation and established procedures, with mere recommendations not infringing on existing appointments unless formally overlapping.

ORDER :

Nagesh Bheemapaka, J.

The 2^nd respondent’s proceedings dated 26.02.2024 recommending the 3^rd respondent for appointment as Qazi of Vikarabad Municipality and Mandal, overlooking G.O.Ms.No.13 dated 12.04.2005, is under challenge.

2. Petitioner states that he was appointed as Qazi by virtue of G.O.Ms.No.13, dated 12.04.2005 for the areas of Parganas, Narkhoda, Alur, Janwada, Abdullanagar, Farooqnagar (Shadnagar), Kothur, Balanagar and Keshampet Mandals, which were part of Rangareddy and Mahaboobnagar Districts, after bifurcation, areas including Vikarabad, Nawabpet, Pudur, Chowdapur, Kulukcherla and Doma came under Vikarabad District. Since his appointment, he has been performing marriages of Muslims without any complaints from any authority and his family has been serving as Qazis for more than 200 years.

2.1. Under Section 3 of the Kazis Act, 1880, petitioner appointed Naib Qazis to assist him. He appointed Naib Qazi Mohd. Aijaz Hussain Siddiqui exclusively for Vikarabad and Vikarabad Mandal who has been performing marriages on his behalf during his absence. Despite his valid appointment, some individuals submitted Applications seeking appointment as Qazis for Vikarabad. Petitioner therefore, is stated to have submitted written representation dated 19.06.2023 to Respondents 1 and 2 objecting to such Applications, specifically mentioning the 3^rd respondent’s Application. However, the 2^nd respondent ignored these objections and recommended the 3^rd respondent’s name. Petitioner points out that checklist attached to the impugned proceedings clearly mentions at Serial No.3 that marriages in Vikarabad are being performed by the Khazi of Shadnagar. This proves that the 2^nd respondent was aware of petitioner’s appointment yet proceeded to recommend the 3^rd respondent, which petitioner contends is arbitrary and illegal.

2.2. It is further stated, in 2011, when a Qazi appointed to Dharoor began interfering in Vikarabad, petitioner filed a complaint before the authorities; on directions from higher officials, the District Minority Welfare Officer conducted an enquiry and submitted a report dated 23.11.2011 confirming that Vikarabad Mandal falls under Aloor Parganas and that petitioner was performing marriages there. Vikarabad Municipality and Mandal fall under Aloor Parganas, for which he has been appointed since 2005. His father and grandfather also served as Qazis in Vikarabad under the same jurisdiction.

2.3. According to petitioner, appointment of Qazis is governed by the Kazis Act, 1880 (Act No.12 of 1880). During the Nizam era, appointments and jurisdiction of Qazis were regulated through established rules, and those boundaries are followed even today. From 5^th August 1954, the Kazis Act, 1880 became applicable to Andhra Pradesh and is now in force in Telangana. Section 2 of the Act empowers the Government to appoint Qazis for local areas, and Section 3 allows appointed Qazis to nominate Naib Qazis. He contends that while the Government can appoint more than one Qazi, it can only do so after properly dividing or demarcating areas based on necessity. Appointing another Qazi where one already exists without demarcation is illegal. Petitioner’s objections were not referred to in the Collector’s report, rendering the recommendation arbitrary and invalid.

2.4. Citing the example of Hyderabad and Secunderabad, where historically seven Qazis served seven zones, petitioner contends that when Government decided to appoint additional Qazi, it first issued G.O.Ms.No.13 dated 20.03.2002 dividing the seven zones into 32, and only then appointed 32 Qazis. This shows that new appointments can be made only after territorial demarcation. Until recently, no formal rules exist