COMMON ORDER:

In all these writ petitions, the petitioners are seeking writs of mandamus declaring the respective G.Os. i.e., G.O.Ms.Nos.28, 29, 30 & 31, dated 09.12.2022 and G.O.Ms.No.15 dated 02.03.2022, issued by the Minority Welfare (ESTT-I) Department, appointing the unofficial respondents in the respective writ petitions as Government Kazis to the respective zones of Hyderabad District, as illegal, arbitrary, malafide and in violation of principles of natural justice and also contrary to the provisions of the Kazis Act of 1880 and consequently to set aside the same in the interest of justice and equity and to pass such other order or orders as this Hon(cid:146)ble Court may deem fit and proper in the circumstances in the case.

2. Brief facts leading to the filing of all these writ petitions are that the petitioners were already appointed as Kazis or Naib Kazis under Section 2 of the Kazi(cid:146)s Act, 1880, for their respective specified areas and are continuing as Government Kazis and have appointed Naib Kazi(cid:146)s under them for certain areas and are performing Muslim Marriages as per Muslim Law. The grievance of the writ petitioners is that the official respondents have appointed the unofficial respondents in the respective writ petitions also as Government Kazis and therefore the petitioners are challenging the said action of the Government, on the following grounds:-

(i) the unofficial respondents have submitted applications to the concerned District Collectors, who have recommended their appointments in accordance with check list and the Government has considered the same and has appointed unofficial respondents as Government Kazis in some of the areas in which the petitioners are already operating as Government Kazis. Therefore, according to the writ petitioners in all the writ petitions, the appointment of the unofficial respondents as Kazis in the very same area in which the petitioners are already operating as Government Kazis is in violation of provisions of Section 2 of the Kazis Act;

(ii) the livelihood of the petitioners is going to be effected by the appointment of the unofficial respondents as Khazis in the very same local area and therefore, such an appointment without issuing the notice to the petitioners, is in the violation of principles of natural justice and also in violation of the directions of this Court in W.P.No.2252 of 2012, dated 23.07.2012 in the case of Syed Sahed Jani Quadri and Another Vs. The State of Andhra Pradesh and Others and therefore, for this reason also the appointments have to be set aside; and (iii) the Government has not consulted the Principal Mohammedan residents of such local area before appointing the unofficial respondents as Kazis as required under Section 2 of the Kazi(cid:146)s Act and on this ground also, the said G.O(cid:146)s are liable to be set aside.

3. The learned counsels appearing for the respective writ petitions relied upon the judgments of the Hon(cid:146)ble Supreme Court in the case of Jagmittar Sain Bhagat and Others Vs. Director, Health Services, Haryana and Others1 and also in the case of Gadde Venkateswara Rao Vs. Government of Andhra Pradesh and Others2, for the proposition that if a Court having no jurisdiction over the matter passes a decree, it would amount to nullity and that acquiescence of party and the doctrine of Waiver would not apply and therefore orders passed by the Government without following the due procedure are null and void. It is also submitted that the representations/objections of the writ petitioners against the said appointments have not been considered by the Government.

4. Learned Senior counsel appearing for the petitioners submitted that the Kazis Act of 1880, is a Central Act and no rules have been framed under this Act. It is submitted that Section 2 of Kazis Act provides for the mode of

1 2013 10 SCC 136 2 (1966) 2 SCR 172

appointment of a Kazi or Kazis and according to the said provision, the State Government may, if it