Disposed¶29

Shaik Nayab Rasool v. the State of Andhra Pradesh

Andhra Pradesh HC16 Jul 2025WP/8536/2023

Case brief

AI extract

What is this about?

Government Khazi tenure dispute; Kazis Act 1880 Section 2; appointment and renewal G.O.s: G.O.Ms.No.91 (15.03.2011), G.O.Rt.No.115 (14.09.2015), G.O.Rt.No.50 (11.05.2021), G.O.Rt.No.61 (21.02.2023) extending tenure 14.09.2021 to 13.09.2024; Minorities Welfare (IDM) Department; Komarolu Village and Mandal, Giddalur Taluk, Prakasam District; writ of mandamus; Articles 14, 16 and 21 of the Constitution; writ petition closed, no order as to costs.

What did the court decide?

Since G.O.Rt.No.61, Minorities Welfare (IDM) Department, dated 21.02.2023, specifically records the extension of the 3rd respondent's tenure for a further period of three years w.e.f. 14.09.2021 to 13.09.2024, no further orders are necessary to be passed in the writ petition. ¶28

Shaik Nayab Rasool Vs the State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

[3327]

APHC010166622023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 8536/2023

Between:

Shaik Nayab Rasool

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.MAHADEVA KANTHRIGALA

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Counsel for the Respondent(S):

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1.HABEEB SHEIKH

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2.GP FOR SOCIAL WELFARE

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The Court made the following order:

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1. The Writ Petition is filed seeking to issue a writ of mandamus, declaring the action of Respondent No.1 in not taking any action against 3^rd respondent by conducting inquiry with regard to performance of marriages of Muslim community as Government Khazi even though his tenure lapsed on 13.09.2021 and not renewed, as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct Respondent

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No.1 to take action against 3^rd respondent by considering representation, dated 23.02.2023 made by the petitioner.

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2. Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare appearing for the respondents 1 and 2.

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3. Learned counsel for the petitioner submits that the petitioner is working as hereditary Government Khazi to Giddalur Taluk, Prakasam District, appointed under Section (2) of the Khazis Act, 1880 vide G.O.Ms.No.91, Minority Welfare(WAKF-1) Department, dated 15.03.2011, for the purpose of solemnizing marriages within the Muslim community. 3^rd respondent herein was appointed as Government Khazi for Komarolu Village and Mandal pursuant to G.O.Rt.No.115, Minorities Welfare (IDM) Department, dated 14.09.2015 for a period of three (03) years i.e., from 14.09.2015 to 13.09.2018. Subsequently, by G.O.Rt.No.50, Minorities Welfare (IDM) Department, dated 11.05.2021, the renewal application of 3^rd respondent was considered and his term was extended for a period of three (03) years commencing from 14.09.2018 to perform marriages within Muslims community. Learned counsel for the petitioner further submits that though the three (03) years’ period specified in G.O.Rt.No.50, Minorities Welfare (IDM) Department, dated 11.05.2021, expired by 13.09.2021, 3^rd respondent is still continuing in the said position without any valid jurisdiction which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders.

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4. On the other hand, learned Government Pleader appearing on behalf of the respondents 1 and 2, on instructions submitted that pursuant to G.O.Rt.No.61, Minorities Welfare (IDM) Department, dated 21.02.2023, the tenure of 3^rd respondent was extended for a further period of three (3) years with effect from 14.09.2021 to 13.09.2024, in accordance with Section 2 of Kazis Act, 1880 (Central Act XII 1880).

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5. Considering the submissions of both the learned counsels, since G.O.Rt.No.61, Minorities Welfare (IDM) Department, dated 21.02.2023 specifically states with regard to extension of the tenure of 3^rd respondent for a further period of three (3) years w.e.f.14.09.2021 to 13.09.2024, in the opinion of this Court, no further orders are necessary to be passed in this Writ Petition.

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6. Accordingly, the Writ Petition is closed. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending, shall stand closed.

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_____________________________ JUSTICE K. SREENIVASA REDDY

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Date: 17.07.2025 TM

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THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY

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