✦ High Court of India · 29 Oct 2025

The High Court · 2025

Case Details High Court of India · 29 Oct 2025
Court
High Court of India
Decided
29 Oct 2025
Length
1,197 words

Acts & Sections

Petition under {)ection 151 cPC praying that in the circumstances stated in the affidavit filed in .';upport of the petition, the High Court may be pleased to Suspendtheoperationoftheorderdated04.0g.2025passedinl.A.No.lof2025 in W.P. No. 21432 of 12024, pending disposal of the writ appeal Counsel for the Appellant: SRI P. VENUGOPAL, SENIOR COUNSEL REPRESENTING SRI MIR LUKMAN ALI Counsel for the Respondents No.1 to 4: SRI P' PANDU RANGA REDDY Counsel for the Respondent No.5, 8 & 9: SRI ANANTHULA RAVINDER' GP FOR SOCIAL WELFARE CounselfortheRespondentNo.6:SRIFARHANAZAMKHAN'S'C'FORTSWB The Court made the following: JUDGMENT THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR WRIT APPEAL NO. 1191 or.2025 Sri P. Venugop.il, lcarncd Senior Counsel representing Mr. Mir Lukrnan Ali, learncd counsL:l for LhC al)pcllallt_ Mr. Pandu Ranila Redd!, learnecl counsel appearing for Lhe respondcnt Nos.I to 4. Mr.Ananrhllla Ralrnder._ the lcarned Government pleadcr for Social Weltare appearing lor rhe rcspoodcnr Nos 5.8 itnd g. Mr. Farhan Azarn [ih:rn. lcl1rnccl Standrng Counscl [<:r TSWt] appearLng Ior lhe responderrt No 6- JUDGMENT: (Per odblc .Jusrice Moushumi Bhattacharya)

1. The Writ Appeal arises out of an order passed by the learned Single Judgc ol this Court on O4.O9.2O25 by allowing I.A.No. I ol' 2025 ir-t W.P.No.2t342 of 2024 filed by the respondenr Nos.6 to 9 to implead thcm as the respondents in tlre W.Ir.2 1342 ot 2024.

2. Thc nppcllanr beforc this Court is the u,rit pe tiLioncr in W.P.No.21342 of 2024. The rcspondent. Nos.6 to 9, rvho were imple:rcled as respondcnrs to the writ petition, claim to be Kazis appointed by the Government under The Kazis Act, I gg0 in terms of the zoncs demarcated in the G.O.Ms.No. l3 of 2O.O:).2OO2 n'l-rere rhcy have becn discharging their duties in thcir respectivc z()nc s. 2 --'1 \

3. We ha,re heard learned Se nior Counsel appearing for ttle appellant. Learned Senior Counsel submits that the u'rit petitioncr is aggrievecl b-v thc impugncd c'rrdc:r pcrnritting the proposed retrl;ondent Nos.5 to 9 io comr: otl rcr:rrd since the Frequentlr,' Asl<ed Questicns in the relev:rnL G O Ms No 24, M-W (Est. i) Dept. daLed, 29.O4.2022 nrakes i[ clear thzrt presence cf Kazis can be clispensed u'ith cluring mar;iage rtr any ritc or ceremon-y Senior Counsel further submits thtrt the learncd Single Jr-rclp;e errcd in recorcling that thc pe l itioner was a hereditaq' Iiazi since lhe pltiLioner's predcccssors acquired their liglris lrom a Farmat-r. tr is also strbmitted thzrl the petitlcner hils aireadv approachecl thc concernccl authoritl' ancl thc pctil ioner's application is alrcad-v ocnd ir-rg u'ith the Governmr:n1 . Thc Oourt is also mad: au'arc of sections ,.2 anci 4 of Thc 1. Kazis Act, i88O wtrich deal ',t'irh, inter alia' thc powcr to appoinl Kazislorarrvlocalareaancirr,ithregatdtotheirpresenceand powcrs. 5. Wc hrive taken notc of thcsc sltl;tnissions We Lror"'evcr dcr nor lincl irr],,i rc.ison to lrolcl that thc agqrit Vcri .r'ri'. pctiticnr:r l\'ill not be in a position to urgc thcsc points bcfrlre Lhe learned Singic jridlle jn ti-.c final hearing of thc rvrit petitior-r' Ncedless I 3 to say, the appellant shall also be at liberty to file an appropriatc application for recalling, varying or modifying the impugned ordcr bcforc the lcarned Single Judge in the writ petition is finally heard.

6. Since u,e makc it clcar that u,e havc not heard the respondents in the appeal, the question of us expressing any opinion in the matter does not arise.

7. We accordingly deem it fit to dispose of the appeal, leaving it open Lo all the pzrrties to urge their respective points before the lca rncd Singlc .ltrdge.

8. W.A.No. I 191 ol 2025, along with all connected applications, is acr:ordinglv clisposecl of in terms of the above. 'l'hcre shall be no ordcr as Lo cosls. //TRUE COPY// SD/- V.KAVITH PUTYREG CTION OFFICER To 1 The Principal Secretary, I\/inorities Welfare Department Secretariat Buildings, Hyderabad. State of Telangana,

2. The Chief Executive Officer, Telangana State Waqf Board, Office at Razak Manzil, Haj House, Nampally, Hyderabad, Telangana State.

3. The Commissioner, Survey, Settlements and Land Records, Government of Telangana, Hyderabad,

4. The Revenue Divisional Officer, Hyderabad Revenue Division, Hyderabad District.

5. The Tahsildar/Mandal Revenue Officer, Golconda Tahsil, Hyderabad District. 6. One CC to SRI MIR LUKMAN ALl, Advocate TOPUCI 7. One CC to SRI P. PANDU RANGA REDDY, Advocate IOPUC] 8. Two CCs to GP for Social Welfare, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CCs to GP for REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

10.One CC to SRI FARHAN AZAI\,4 KHAN, S.C. for TSWB [OPUC] 1 1 . Two CD Copies P CC TODAY HIGH COURT DATED:2911012025 ) ir{i STa ..) ( (J 30 BTI 7n6 7z * s) SP,:rl'C\''i +, JUDGMENT WA.No.1191 of 2025 DISPOSING OF THE WRIT APPEAL WITHOUT COSTS \

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