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2024 DIGILAW 879 (TS)

Mohd Muzaffar Ali Khan v. State of Telangana

2024-12-23

SUREPALLI NANDA

body2024
ORDER : Surepalli Nanda, J. Heard Sri Y.Ashok Raj, learned counsel appearing on behalf of the Petitioner, learned Assistant Government Pleader for Revenue appearing on behalf of the respondent No.1, learned Government Pleader for Social Welfare appearing on behalf of the respondent No.2 and learned senior designated counsel Sri P.Venugopal representing Sri Ch.Siddhartha Sarma, learned counsel appearing on behalf of the respondent No.3 on record. 2. The Petitioner approached the Court seeking prayer as under : “…to issue a writ, order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records pertaining to the proceedings dated 29.08.2022 passed by the 3rd respondent in dismissing the petitioner as Nayab Qazi of Mahaboobabad and Kuravi in Mahaboobabad District and set aside the same as illegal, arbitrary, unwarranted and without following the principals of natural justice and consequently direct the 3rd Respondent to reinstate the Petitioner Nayab Qazi of Mahaboobabad and Kuravi of Mahaboobabad District by removing the 4th Respondent from the post of Nayab Qazi of Mahaboobabad and Kuravi of Mahaboobabad District and pass...” 3. PERUSED THE RECORD:- A. The impugned proceedings dispatch No.176/ 2022 dated 29.08.2022 issued by the 3 rd respondent to the petitioner is extracted hereunder:- “You are hereby informed that due to continuous contraventions of orders issued by Office of Qazath Sarkar Warangal, you are dismissed from the post of Naib Qazi. You should not interfere in Qazath matters in future. Return the completed and blank siyahas issued from this office for performing marriages within 5 days.” B. The letter of the 3 rd respondent addressed to the District Minority Welfare Officer, Mahaboobabad District, dated 16.06.2022 is extracted hereunder:- I hereby bring into your kind notice regarding the said subject and reference cited above that, I am the QAZI of DISTRICT WARANGAL, as per G.O.Ms.No:7, of MINORITIES WELFARE (WAKF-1) DEPARTMENT. The Sadar Qazzath of Warangal is the primordial Qazzath of above three hundred years. The system of Qazzath was time-honored from the period of NIZAM and working quiet peaceful and in a proper method. The said office of Qazzath, functioning in organized manner with qualified and appropriate persons (Naib-Qazi). These Naib-Qazi's are also performing their duties since the time of their forefathers and they do religious duties as well in the community. The system of Qazzath was time-honored from the period of NIZAM and working quiet peaceful and in a proper method. The said office of Qazzath, functioning in organized manner with qualified and appropriate persons (Naib-Qazi). These Naib-Qazi's are also performing their duties since the time of their forefathers and they do religious duties as well in the community. The entire system of Qazath is administered effectively without any complaint from any corner, more particularly about marriages, performance of other rites and ceremonies while maintaining the records required there for, meeting the needs of Mohammedan residents of respective aforesaid local areas. Whereas, the system of Qazzath, which was recognized under "THE KAZIS ACT of 1880". The marriages are performed accordingly and officially. The performed marriage records and their related documents will be filed time to time and sent to the concerned authorities of the State Government. The records of marriages are kept intact and will be available for further identity/ verifications of the person or persons according to their other requirements also. In pursuance of the said matter, I appeal for not to disturb the system of Qazaath in interest of the community and not to entertain any incompetent or strange persons in the administration of Qazaath system, which are functioning since centuries in proper method. Further more, it has been noticed that, some persons with vested interest or for their self gain making efforts to circumvent to system of Qazzath of Mahabubabad area. The Hon'ble High Court of Hyderabad has been ordered vide W.P. No: 22315 of 2019, dated 10-01-2020. "AS KHAZI FOR THE DI STRI CT OF LOCAL AREA OF MAHABUBABAD DI STRI CT CANNOT BE SUSTAI NED AS I T SUFFERS FROM PROCEDURAL IRREGULARI TI ES AND ACCORDI NGLY, THE SAME IS SET ASI DE". This office of Qazaath is functioning with proper system and with sufficient/qualified Naib Qazies. These Naib Qazies are also performing their duties the office Qazaath since the time of their forefathers. I further submit that, regarding the Qazath of Mahabubabad area, every year not more than (80) marriages will perform. Though, these marriages are carrying out by seven qualified and capable Naib-Qazies in proper way. The office of the Qazzath in Mahabubabad area discharging duties and functions since many decades, according to the Qazi Act, while maintaining the records of the marriages officially. Though, these marriages are carrying out by seven qualified and capable Naib-Qazies in proper way. The office of the Qazzath in Mahabubabad area discharging duties and functions since many decades, according to the Qazi Act, while maintaining the records of the marriages officially. Therefore, I pray to keep the dignity and welfare of Mohammedan community without changing the present system of Qazzath and its areas for which I will be highly thankful. C. The counter affidavit has been filed by the respondent No.3 and the relevant para Nos.11 and 12 are extracted hereunder:- 11. Be that as it may, it is one of the duties of the "Sadar Kazi" or "Naib Kazi" to be prompt at the time performing a marriage. Petitioner has got his own business and his concentration is more on his business. Petitioner chose not to attend to perform the marriage personally but instead started sending his employees to perform the functions who have no authority under the Law. Therefore, the petitioner herein was called upon to submit his explanation (a copy of the said document is filed herewith and the same be read as part and parcel of this Counter Affidavit). Petitioner chose not to submit any explanation. 12. The language of the Section which has been extracted hereinabove, does not contemplate any enquiry as such. Further, the 'power to appoint' includes 'power to remove' as contemplated under General Clauses Act. Having regard to the mis-functions and mal-functions of the Petitioner herein, as a 'Sadar Kazi', I was compelled to give the 'removal order'. It is not as if the Petitioner has got a clean chit. There have been several complaints against the petitioner (copies of some of the complaints are filed herewith and the same be read as part and parcel of this Counter Affidavit). The Office of a "Kazi" is a sacred office and discharge of his functions as a "Kazi" is more sacred. Petitioner being a "Naib Kazi" ignored this basic sanctity of sacredness and has been indulging in activities detrimental to the office of a "Naib Kazi". Therefore, considering the whole thing, he has been removed. The impugned order is traceable to Law. I submit that there is no error apparent on the face of the record for the petitioner herein to knock the doors of this Hon'ble Court for issue of a 'writ of certiorari". 4. Therefore, considering the whole thing, he has been removed. The impugned order is traceable to Law. I submit that there is no error apparent on the face of the record for the petitioner herein to knock the doors of this Hon'ble Court for issue of a 'writ of certiorari". 4. The petitioner has filed his reply to the counter affidavit filed on behalf of the respondent No.3 in W.P.No.39021 of 2022 specifically denying the averments made in the counter affidavit filed by the respondent No.3 pertaining to the alleged irregularities committed by the petitioner herein and also specifically denied receipt of any notice calling upon the petitioner to furnish petitioner’s explanation pertaining to the alleged irregularities committed by the petitioner in the capacity of Naib Kazi and in particular denied receipt of notice File No.154/ 2022, dated 20.07.2022 and further specifically contended at para No.5 of the reply affidavit filed by the petitioner that the respondent No.3 failed to file any evidence indicating proof of service of the alleged notice dated 20.07.2022 upon the petitioner herein and the same w as an afterthought and notice dated 20.07.2022 created to defeat the rights of the petitioner. 5. The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition is as under:- i) The petitioner is a resident of Mahaboobabad tow n since his birth, the 3 rd respondent had been appointed as Kazi under Section 3 of the Kazi’s Act, 1880, the petitioner made an application through the District Collector i.e., the 2 nd respondent herein on 01.02.2018 for appointing the petitioner as Qazi of new ly formed Mahaboobabad District. The Government passed G.O.Ms.No.43, dated 23.09.2019 appointing the 4 th respondent as Qazi of Mahaboobabad District for a period of three (03) years, the said G.O was challenged by the 3 rd respondent herein by filing Writ Petition No.23315 of 2019 and the same was allow ed vide orders dated 10.01.2020 setting aside G.O.No.43, dated 23.09.2019 for not following the due procedure under law . ii) It is further the case of the petitioner that the petitioner made another application on 23.06.2022 to the District Collector of Mahaboobabad as a reminder and again reminded the 2 nd respondent about the petitioner’s earlier application, dated 01.02.2018 pertaining to petitioner’s request for an appointment of Qazi of Mahaboobabad District and the 2 nd respondent forwarded the said representation of the petitioner dated 23.06.2022 to the concern District Minority Welfare Department for necessary action thereto. While so, to the shock of the petitioner, the 3 rd respondent passed orders on 29.08.2022 dismissing the petitioner from functioning as Nayab Qazi of Mahaboobabad and Kuravi. Aggrieved by the same, the petitioner filed the present Writ Petition. DISCUSSI ON AND CONCLUSI ON:- 6. The learned counsel appearing on behalf of the petitioner mainly puts-forth the following submissions:- i) There is no notice issued to the petitioner herein prior to passing of the impugned proceedings, dated 29.08.2022 by the 3 rd respondent. ii) The said impugned proceedings, dated 29.08.2022 had been issued unilaterally without calling for any explanation from the petitioner pertaining to the alleged irregularities w hich led to the issuance of the impugned proceedings, dated 29.08.2022 by the 3 rd respondent behind the back of the petitioner in clear violation of the principles of natural justice. iii) It is totally false and incorrect state that the petitioner received the notice dated 20.07.2022 since no material evidence had been filed by the 3 rd respondent herein evidencing receipt of the said notice by the petitioner herein and the same is a self created version by the 3 rd respondent to defeat the rights of the petitioner. The learned counsel appearing on behalf of the petitioner based on the aforesaid submissions prayed that the Writ Petition needs to be allow ed as prayed for. 7. The learned senior designated counsel appearing on behalf of the 3 rd respondent mainly puts-forth the following submissions:- i) The present Writ Petition against the 3 rd respondent is not maintainable since the 3 rd respondent is not a State under Article 12 of the Constitution of India. ii) The petitioner indulged in suppression of facts and the same had been observed at para No.12 of the judgment dated 29.12.2023 passed in W.A.No.1198 of 2023, were under the petitioner is arrayed as respondent No.1 in the said Writ Appeal preferred by the 3 rd respondent herein. ii) The petitioner indulged in suppression of facts and the same had been observed at para No.12 of the judgment dated 29.12.2023 passed in W.A.No.1198 of 2023, were under the petitioner is arrayed as respondent No.1 in the said Writ Appeal preferred by the 3 rd respondent herein. Aggrieved against the order dated 09.06.2023 passed in W.P.No.14314 of 2023. iii) The petitioner committed irregularities and hence, the petitioner had been dismissed as Naib Qazi by the 3 rd respondent herein since the 3 rd respondent is a Qazi appointed under Section 2 of the Act and hence, there is no illegality in the order impugned passed by the 3 rd respondent herein. The learned senior designated counsel appearing on behalf of the 3 rd respondent based on the aforesaid submissions sought for dismissal of the present Writ Petition in limini. 8. The learned Government Pleader for Social Welfare appearing on behalf of the respondent No.2 submits that it is not necessary to provide an opportunity of hearing to the petitioner since Naib Kazi appointed under the Act by a Qazi has no legal or vested rights under the statute. 3. Naib Kazis.— Any Kazi appointed under this Act may appoint one or more persons as his naib or naibs to act in his place in all or any of the matters appertaining to his office throughout the whole or in any portion of the local area for which he is appointed and may suspend or remove any naib so appointed. When any Kazi is suspended or removed under section 2, his naib or naibs (if any) shall be deemed to be suspended or removed, as the case may be. 4. Nothing in Act to confer judicial or administrative pow ers; or to render the presence of Kazi necessary; or to prevent any one acting as Kazi.— Nothing herein contained, and no appointment made hereunder, shall be deemed— (a)to confer any judicial or administrative powers on any Kazi or Naib Kazi appointed hereunder; or (b)to render the presence of a Kazi or Naib Kazi necessary at the celebration of any marriage or the performance of any rite or ceremony; or (c)to prevent any person discharging any of the functions of a Kazi. 9. 9. A bare perusal of Section 3 of Kazi’s Act, 1880 (referred to and extracted above) clearly indicates that it is the Kazi appointed under the Act is the Authority Competent to appoint one or more persons as his Naib or Naibs to act in his place in all or any of the matters appertaining to his Office throughout the whole or in any portion of the local area for which he is appointed and may suspend or remove any Naib so appoint. 10. This Court opines that whether by operation of provisions of General Clauses Act, or on application of General Principles of law , it becomes clear that it is only the appointing Authority i.e., Kazi the 3 rd respondent herein who can pass orders dismissing the petitioner from the post of Naib Qazi. 11. In so far as the prayer sought for by the petitioner is concerned, the same cannot be granted to the petitioner or the merits of the impugned proceedings, dated 29.08.2022 passed by the 3 rd respondent herein is concerned, the same cannot be gone into in this Writ Petition since this Court opines that there is no vested right much less legal or statutory right conferred on the petitioner, since the petitioner failed to demonstrate violation of any statutory provision for grant of relief as prayed for in the present Writ Petition, nor the 3 rd respondent is a State, for grant of relief as prayed for in the present Writ petition, and hence, the present Writ Petition is dismissed. How ever, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.