Moulvi Hafiz Syed Sharfuddidn Hasani v. State of Andhra Pradesh
2022-08-05
K.SURESH REDDY
body2022
DigiLaw.ai
ORDER 1. Questioning G.O.Rt.No. 212, Minorities Welfare (IDM) Department, dated 07-11-2019 issued by respondent No. 1 inter alia appointing respondent No. 3 as Additional Government Kazi for Chinnamandem, Sambepaly, T.Sundupalli, Reddyvaripalli, Betalla Colony, Reddis Colony, Adil Nagar, Bose Nagar, Mohaboob Basha Street, Beeramsab Mohalla, NGO Colony, Guniguntal Road, Sibatulla Colony, Kothapally and Patha Rayachoty of YSR District, Kadapa, the petitioner filed the present writ petition. 2. At the time of admission, this Court passed interim orders on 22-11-2019 suspending the impugned G.O. Vacate stay petitions have been filed by respondent No. 3 as well as Governmentrespondent No. 1. Learned counsel on both sides request this Court to take up the main writ petition itself instead of taking up the vacate stay petitions. Accordingly, arguments are advanced by respective counsel in the main writ petition itself. 3. Heard Sri S.M.Subhani, learned counsel appearing for the petitioner, learned Additional Advocate General appearing for respondent Nos. 1 and 2 and Sri S.Arifullah, learned counsel appearing for respondent No. 3. 4. Brief facts culled out from affidavits and counter affidavits are as follows: The petitioner was appointed as a Government Sur-Kazi of Rayachoti Mandal, YSR District, Kadapa, by respondent No. 1 vide G.O.Ms.No. 4 dated 28-01-2005. Since then, the petitioner has been discharging his duties as Government Kazi without any complaint. Earlier, father of the petitioner was also a Government Kazi for the said area in pursuance of G.O.Ms.No. 795 dated 29-05-1957. While such was the position, the petitioner made a representation on 21-10-2010 requesting respondent No. 1 to merge Sambepalli, Chinnamandem, Galiveedu, Ramapuram, T.Sundupalli and Veeraballi Villages of Rayachoti Town and Mandal into his jurisdiction to perform qazath in the said villages. It is also stated by the petitioner that prior to his appointment, his father used to perform qazath in these villages. In response to the representation dated 21-10-2010, respondent No. 1 addressed a letter to respondent No. 2 vide Memo No. 46/Waqf.1/2011 dated 07-01-2011 for remarks. In spite of the same, no action has been initiated against the said representation and the memo. Consequently, the petitioner filed W.P.No. 6486 of 2018 before this Court seeking to consider his representation dated 21-10-2010.
In response to the representation dated 21-10-2010, respondent No. 1 addressed a letter to respondent No. 2 vide Memo No. 46/Waqf.1/2011 dated 07-01-2011 for remarks. In spite of the same, no action has been initiated against the said representation and the memo. Consequently, the petitioner filed W.P.No. 6486 of 2018 before this Court seeking to consider his representation dated 21-10-2010. This Court disposed of the said writ petition directing the respondents therein to take appropriate action pursuant to the memo dated 07-01-2011 strictly in accordance with law within a period of three months from the date of receipt of a copy of the order. In spite of the orders passed by this Court, the respondents therein did not take any action. In the meanwhile, respondent No. 3 made a representation on 09-01-2017 to respondent No. 1 requesting to appoint him as Additional Kazi for the above said villages. After elaborate enquiries by various officers and also after consultation with Muhammadan residents about the desire of the appointment of Additional Kazi, the impugned G.O. has been issued. 5. Learned counsel for the petitioner submits that though the petitioner made a representation requesting respondent No. 1 to merge the above said villages into his operation, respondent No. 1 issued the impugned G.O. without considering the same. It is contended by learned counsel for the petitioner that in spite of the orders of this Court dated 27-02-2018 in W.P.No. 6486 of 2018, respondent No. 1 did not choose to pass any orders even till today. 6. On the other hand, learned counsel for respondent No. 3 submits that it is only after the representation of respondent No. 3, the petitioner filed W.P.No. 6486 of 2018 before this Court and that respondent No. 1 passed the impugned G.O. strictly in accordance with the provisions of Section 2 of the Kazis Act, 1880 (for brevity, 'the Act'). 7. This Court perused the entire material on record. As per the provisions of Section 2 of the Act, Government has got power to appoint one or more persons to be Kazis for such local area. The only requirement is that there should be a desire from the local Muhammadan residents. In terms of Section 2 of the Act, respondent No. 1 thought it fit to appoint respondent No. 3 as Additional Kazi for the above said villages.
The only requirement is that there should be a desire from the local Muhammadan residents. In terms of Section 2 of the Act, respondent No. 1 thought it fit to appoint respondent No. 3 as Additional Kazi for the above said villages. Viewed from any angle, there are no merits to interfere with the impugned G.O. and the writ petition fails. 8. The writ petition is accordingly dismissed. Pending miscellaneous applications, if any, shall stand dismissed in consequence. No costs.