Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Qazi Syed Mukthadir Ali Quadri – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. challenges against position and authority of qazi (Para 1 , 2) |
| 2. court's evaluation on jurisdiction and qualifications (Para 3 , 11 , 12 , 13 , 14) |
| 3. arguments regarding validity of appointments (Para 4 , 5 , 6 , 9) |
| 4. dismissal of writ petition (Para 16 , 17) |
ORDER :
Nagesh Bheemapaka, J.
The 2nd respondent’s proceedings dated 26.02.2024 recommending the 3rd 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 appoint
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 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....
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.
The main legal point established in the judgment is that the appointment of Kazis is based on the desire of the Muslim residents of the area, and any number of Kazis may be appointed by the Governmen....
The court affirmed that the appointment of Khazis must follow the procedures outlined in the Khazi Act 1880, emphasizing local consultation and government authority.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
