lVohd lbrahim v. 'l . The State of Telangana

Petition under Article 226 of the constitution of lndia prayrng that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or writs more appropriately a writ of Mandamus declaring the impugned order Memo.No.2670/Estt-lr/A112014-2 dared 26-04-2016 issued by 1st respondent as ilegar , void and unconstitutionar and arso direct the 1st respondent to consrder the representations of petitioner dared 22-03-2013 and on 08-05-2014 for appointment to the post of eazi for Kohir Mandar , Medak District ,n the interest of justice and equity. t.A.NO 10 F 2016 (WPM P.NO:2 3308 0F 20161 Petrtron Under secrion 151 cpc praying that in the cir.umstances slared rn the affidavit frled in support of the petition, the High Court may be pleased to direct the 1st respondent to consider the representations of the petitroner dated 22 03-2013 and dated o8-05-2014 pass orders Under sectior 2 of the Kazis Act. 1880 pending disposal of the above writ petition. Counsel for the petitioner : SRI A.M.eURESHI Counsel for the Respondent Nos.1 & 3 : Gp FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 & 4: Gp FOR REVENUE The Court made the following ORDER I ii! E 4 E} ,]t + THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.19OO1 OF 2016 ORDER:- 1. Thrs Writ Pctrtion is filed seeking an order in the nature ol Wnt of X4anclanrus dcclaring the impugned order uide Merrto No.2670lEstt lllAl 12o14 2, dated 26.04.2016, issued by the l.' resporrclcnt zrs iilcgal and consequently to direct the 1't respondent to consider thc rcpresentations of the petitioner dated 22.03.2O13 and O8.05.2O 15 lor appointment to the post of Khazi for Kohir Mandal, Meclak District.

2. Hcard lcarned counsel for the petitioner; the learned Government Pleader for Socia-l Welfare representing respondent Nos.l & 3 and the learned Government Pleader for Revenue representing respondent Nos.2 & 4. Perused the record.

3. The case of the petitioner in brief is that the petitioner, who being Hafiz and also qualified Moulvi under the subject Qazabat from Jami-e-Nizamia, Hyderabad, submitted representations to the l"t respondent on 22.O3.2013 and O8.O5.2O14 seeking appointment to the post of Khazi under Section 2 of Kazis Act,

1880. It is stated that the local Muslims of Kohir Village and Manda-l are facing difhculties in performing 4O to 6O marriages of local Muslims on daily basis and hence they have requested for appointment of additional Khazi to their Village. As such, the petitioner has given representation to the lst respondent as per { 2 NBK,J requirement on that area. Subserlucntlr,, the lst respondent has forwarded the represent:rtion oI ri.lc petitioner to th€ 2nd respondent who in turn for-u,zuclecl thc santc ttl thc 3,'1 responrlent and flnally to the 4ft respondent. The rcspondcnt No.4-Tahsildat, Kohir Mandal, after conducting cnqrlin', submitted a report dated

10. 12.2015 recommending the name ol the pe titioner to the Government for appointn'rcnt .ls Khazi for Kohir Mandal under Sections 2 and 3 of Khazis Act, 1880 and he ma.r' be allowed to work as additional Khazi in liohrr and connecte(l village to the extent of half share for convenience of the Muslim ctmmunit5r. But the 1st respondent, without consiclering the said report, passed orders vide Memo No.2670lEsrt IilA1l2014-2, datecl 26.04.2016 rejecting the application of the petitioner for appointment as Government Khazi to the extcnt of half area of Kohir Mandal, Medak District since there is no rule of succession or sharing as per the Khazis Act, 1880. Aggrieved by tJ e s;aid order, the petitioner approached this Court and fiied tJle present Writ Petition.

4. Learned counsel for the petitioner would s ubmit that the petitioner is having required qualification for perforrning the duties of Khazi and since there is every requirement of additional Khazi for Kohir Mandal, Medak District, due to increase in local Muslim community, as such, the petitioner made represerntations dated

22.03.2013 and 08.O5.2014. But the 1"t respondent, without I ! 3 considering the report sulrrrritted by the 4th rcspondent, passed orders dated 26.04, )ulb ttiet:titrg the rcqrlest of the petitioner, which is iliegal and tllefclor('praved to set-aside the same'

5. Per contra, learnecl (lovcrnlnent Plcader for Social Welfare representing respondellt Nos.I & 3 hled his counter stating that the representation of the pctitioner is rejected only on the Sround that there is no rule of sut:cession of sharing as per Khazis Act' 1880 and also held that thc ttltrrnate po\\'crs to accept, suspend or reject the proposals of District Collcctor as per Section 2 of K}razis Act, 1880 shall always rcrnztit't rvrth the Government ald is never renounced. It is pertinent to state that u'henever the Muslims residing in

6. any local area desire that one or more Kazis should be appointed for such local area, the State Governmcnt may, if it thinks fit' after consulting with the principal Muhammadan residents of such local area, select one or more fit persons and appoint them to be Kazis for such local area. In the instant case, as the petitioner possess required qualification for appointment as Khazi and as the report submitted by the 4d respondent recommends the name of t}le petitioner as Kazi, the petitioner can be appointed as a Khazi for Kohir Mandal, Medak District. In view of the foregoing discussion, the Writ Petition is 7. allowed setting aside the impugned order dated 26'04 '2016 passed 1 b.\, the lst i:espondent J.ri.c A-retrtinij rl'r( r(sI)()nde nt arutllor.ities tc cor-tsidcr the case of the petitioner for ;rlriroinIrncnt t(, the post o[ Kl'rerzi for Kohir Mandal, Medak Districr.

8. Miscellaneous petitions pending, if nnr,, shal stanrl ckrscrl. 'l'he rc shall be no order as to costs. That Rute Nisi has been absolute as above. Witness the Hon'ble the Acting Chief Justice APARESH l(UMAR SINGH' on this Monday, the Eleventh Jay of August, Two Thousand and Twenty five' //TRUE COPY' SD/.U. SUDHA ASSISTANT REGISTRAR SECTI N OFFICER To District,T.S. State of Telangana at Hyderabad.

1. The Principal secretary, Minority Welfare Department office at Secretariat, 2 The District Co-llector, M-edak District, Offrce at Sanga ecldy, Medak 3 The District Minority welfare officer, MecJak Distnct ()flice at sangareddy 4. The Tehsildar, Kohir Mandal Office at Kohrr, Ivledak L rslrrct T S' 5. Twd CCs to GP FOR SOCIAL WELFARE, High Coun for lhe State of Medak District, T.S. Telangana at Hyderabad. [OUT] Hvderabad. [OUTI

6. Two Cts to GPfOR REV-ENUE, High Court for the S'tate of Telangana at T ohe Cc to SRI A.ivl.oURESHl, Advocate IOPUC] 8. Two CD Copies SA B 6 a f I i , I I I i I I t t I HIGH COURT DATED:1110812025 ORDER WP.No.19001 of 2016 ALLOWING THE W.P WITHOUT GOSTS. 61 s I/..1 ,/,: Q^ 0I sFP 206 ..., 1: ,, '-:-"