MR L1 v. STATE OF KARNATAKA, THE SECRETARY TO GOVERNMENT, MIMJRI ñ \\ El I

(BY SMT.HEMA LKULKARNI. ADY,) THE STATE OF KARNATAKA, THE SECRETARY TO GOVERNMENT, MINORITY WELFARE DERARMEN F VIKAS SOUDHA. BANGALORE - 01. SYED GHOUSUDDIN, S/O SYED 0 SMAN, AGE: MA3OR, R/C) FZALPLR, DIST: GULBARGA, SRI MOHAMMED HUSSAIN: SIDDIQUI, AGE: 67 YEARS. R/ 0 MOM [NPLPA BH.ADKA.L. ,tLRix1 ‘L’.r-t3$ GULBARGA.

LTYAKTH. C, 31 3r’7 U AGE’: U4T(’T R/(.) AFZ.ALPUR TOWN, DIST:_GULBA.GA.

3.. m.j rcrr)\}7 ()J1i(3f3 3)3 3’i\HSiLlD/\lf. RESPONDENTS. AFZALPIJ R TQ: AE’ZALPUR. DIST: GULBARGA. By SPIMANVENDRA REDDY. GOVT. ADV, FOR hi & F-S. ADV FOR R-2 & R-3. SRI AViiAYA NI PvIAR. ADV. FOR R-4) WPNos8485/2O1 & 84135/2011 are filed under Articles 2.26 and 227 of the Constitution of India. praying to quash the order vide NoMWD5LWES20l0 at Annexure F” dated 13O5201 1 passed by the first. respon.denr and ride. consequently quash the order at Annexure NoMWD5 1 WES 201 1 dated 08. 0720 11 and direct the first respondent to appoint the petitioner as quazi of the Atnoor Circle of the Afzaipur Taluk IN.PNO8385jQ11: BETWEEN: MR L1YAKATH, 8/0 GHULAM A.HMED KAZI. AGE: 35 YEARS. )CC GOV cET?TJCF \rZ cPt F GULBARGA DIST. THFOUGH POWER OF 1VFIORNE’y HO DEP TT1 \FZAi. F.:itSHA. AGE: 34 YF.APS, AFZALPUR TOWN, GULBARGA. (BY SRIAVIJAY KUI.1AR, .ADV) AND: PETITIONER

STATE OF KARNATAKA, THE SECRETARY TO GOVERNMENT, MIMJRI ñ \\ El I ARE DEPARME\ I VIKASA SOTSDHA, BANGALORE - 01. SRLRIYAZUDDIN QISAZI. 5/0 RAHIMUDDIN QUA?!. ATNOOR CIRCLE, AFZALPUR TALUK. GULBARGA. SYED. GHOUSUDDT\, 5/0 SYED OSMPN, PUED ABOUT YEARS. 0CC PVI SER\ICE AF’ZALPUR. GULBARGA DIST. SRi ,MQHAMMED H! SSAIN SIDDI1 Ti, :, ‘DAR OF MOMINPURA BAD KAL.. SHARIAT MAHAL, GULBARGA. ‘O TF1E TAHS1LDAR. OFFICE OF TAHS1LDAR, AFZALPUR fUR. (Dv SP.i.MANVE.NDRA RUDDY, GO’!] ADV FOR P1 & [YS . RESPONDENTS. -5- SMT.HEMA L.KULKARNI, ADV. FOR R-2, SRI.AMEET KUMAR DESHPANDE, ADV. FOR R-3 & R-4) ** ****t* W.P.No.83856/201 1 is filed under ArtIcles 226 and 227 of the Constitution of India, praying to quash the order passed by the first respondent as per Annexure — °A” dated 13.05.201 1 and consequent order on review petition under Annexure — agn, direct the first respondent has no power or authority to monopolistic post of kazi or to appoint kazi for any vast or unlimited or an unidentifiable local area without consultation the Khazl Act of 1880 and with local muslims under consequently to declare the appointments of respondent Nos.3 and 4 as ifiegal and direct the first respondent appoint the petitioner as Khazi of Afzalpur Taluk. hereditary recognize create These petitions coming on for Preliminary Hearing in B’ Group this day. the Court made the following: ORDER Petitioners herein are seeking direction to quash Annexure — “F’ order of Government in appointing respondent No.2, Srl. Syed Ghousuddin Quazi as Ka.zl of Afzalpur Taluk and also to quash Annexure - ‘G” in dismissing the Review Petition by first respondent In Its order dated 08.07.2011. %A1 -6-

BrIef facts leading to these petitions are as under: The present writ petitions have checkered history of petitioners and respondent Nos.2 to 4 seekIng to get themselves appointed as Kazi for Afzalpur Village, Atnoor Village and KaraJgi Village of Afzalpur Taluk, Gulbarga District. Several writ petitions filed by them earlier have resulted hi directions being Issued to Government to consider their names for the said post. The present writ petitions are also one another round of litigation ified by unsuccessful persons to get themselves appointed as Kazi for the aforesaid three villages of Afzalpur Taluk.

After hearing the counsel for petitioners and contesting respondents, it is seen that the relevant provisions of law, which deals with the matter. namely Section 2 of Kazis Act.

1880. provides for appointment, not just one person, but more than one person as Kazi, as the Government deems fit In the facts and circumstances of the case, based on the recommendation of Principal Mohammedan residents of area to which the Kazis are appointed. Cl -7-

4. Admittedly there are three revenue circles in Afralpur Taluk, i.e., Afzalpur, Atnoor and Karajgi. there are nearly ninety villages come tinder these circle. The persons. who are appointed as Kazis are required to officiate as Kazis in all these three revenue circle. In that view of the matter. liberty is reserved to Government to re-consider its earlier orders in appointing the petitioners and contesting respondent Nos.2 to 4 as Kazis for these three revenue circles restricting the area of operation for each of them or in the alternative reserving liberty to them to simultaneously officiate as Kazis in the said three revenue circles, with liberty to residents of the area to make use of their service at their discretion. Infact, if one or two persons are appointed as Kazis, there will be compulsion on residents to depend only on them. Admittedly there are more than ninety villages in the said three revenue circles and if only one or two Kazis are appointed. it would definitely put lot of pressure on those persons. instead if more than onc or two Nazis are appointed or if the applications filed by the petitioners as well as respondent Nos.2 to 4 Is considered and Ct, 7) either of tb in r.r all ot tile fl. arc dpIJohiilc c’ v )Cji. Jr ., niki Mi1t in reducing the burdev on cm 01 t’ KaAS to )ffk I it in all the niiit’t nflake’ %lmultana’usl) If mon namber ot l isa c a;pomt c.ti I aCfl’I w’.n1dcflU1c totbebenefits of Mohammedan n sidents ol thc ,aIcI in i with right choose Kans of tin is chov e. 5 In that iew of flit matte thesc *t1t cn -r albvcd meeting the tepondeflt Nos.I and 5 to on’Ider the iequest I thc p ‘thior t -s ‘in I as well ‘is iesponcltnt Nos.2 to 4 ft appoint them a’ Kans of Ala Ipur Tl ik con’$stlng 01 three nreks and nnetyvIflagL% cnnirg threu i Jet Sdi 3TjDG