APHC010339682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 16963/2025 Between:

1. SHAIK HUSSAIN, S/O IBRAHIM, AGED ABOUT 59 YEARS, OCC: GOVERNMENT KHAZI, R/OD.NO.7A-10-10, PENUGONDA SRIRAMULU STREET, NEAR ZEENATH PRESS, MAIN BAZAR, ELURU, ELURU DISTRICT, A.P-

534001.

...PETITIONER A N D

1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY MINORITIES WELFARE DEPT, SECRETARIAT, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR, ELURU DISTRICT, A.P.

3. THE DISTRICT MINORITY WELFARE OFFICER, ELURU DISTRICT, A.P.

4. THE ANDHRA PRADESH STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER (CEO), 4TH FLOOR, IMDADGHAR BUILDING, KALESWARA RAO MARKET, TARAPET, VIJAYAWADA NTR DISTRICT, PIN - 520001.

5. SHAMS TABREZ, S/O. ABDUL KHADAR, AGED ABOUT 33 YEARS, R/O 5-147/12/11, BD COLONY, TANGELLAMUDI, NETHAJI NAGAR, ELURU DISTRICT, A.P -534005.

6. MOHAMMAD ABDUL WAHID, S/O MUBASHARUDDIN, AGED ABOUT 42 YEARS, R/O KROVVIDI, NIDAMARRU MANDAL, ELURU DISTRICT, A.P.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, or orders or a direction, more particularly one in the nature of Mandamus declaring the action of the 1st respondent in appointing the 5th and 6th respondents as government khazi for of Eluru, Jangareddygudem and Kovvuru Divisions of West Godavari District respectively. Vide G.O.Ms. Nos. 58 and 59 dt. 03.07.2025, Minority Welfare (IDM-I) Department, without there being any requirement, new Khazi in the area of existing Khazi's jurisdiction as illegal, arbitrary against all cannons of fair play and natural justice and contrary to provisions of khazis act 1880 and offence article 14, 21 19(i)(g) of the constitution of India and consequently set aside the impugned G.O.Ms. Nos. 58 and 59 dt.03.07.2025, Minority Welfare (IDM-I)

Department IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the G.O.Ms. Nos. 58 & 59 dt. 03.07.2025 Minority Welfare (IDM-I) Department issued by the 1st respondent pending disposal of the writ petition Counsel for the Petitioner:

1. ANCHA PANDURANGA RAO Counsel for the Respondent(S): 1. MASALEGAR HIDAYATHULLA

2. GP FOR SOCIAL WELFARE

3. MD AMEEN

4. SHAIK KHAJA BASHA The Court made the following:

O R D E R

The present Writ Petition is filed seeking to declare the action of respondent No.1 in appointing 5^th and 6^th respondents as Government Kazis for Eluru, Jangareddygudem and Kovvuru Divisions of West Godavari District, respectively vide G.O.Ms.Nos.58 & 59, Minorities Welfare (IDM-I) Department, dated 03.07.2025, as illegal and arbitrary and consequently, set aside the said G.Os.

2. Heard the learned counsel for the petitioner, the learned Government Pleader for Social Welfare for respondents 1 to 3; Sri Shaik Khaja Basha, learned counsel for respondent No.4; Sri Masalegar Hidayathulla, learned counsel for Respondent No.5 and Sri Md.Ameen, learned counsel for Respondent No.6. Perused the material on record.

3. It is the case of the petitioner that he was appointed as Government Kazi for Eluru of West Godavari District in the existing vacancy, vide G.O.Ms.No.89, Minorities Welfare (WAKF-I) Department, dated 09.06.1998; that later vide G.O.Ms.No.125, Minorities Welfare (WAKF-I) Department, dated 16.11.2012, the jurisdiction of petitioner was extended to Jangareddygudem and Kovvuru Divisions of West Godavari District by the Minorities Welfare (WAKF-I) Department, Andhra Pradesh.

(b) It is the further case of the petitioner that several representations were made by the petitioner to 1^st respondent requesting not to appoint any additional Kazi in