Disposed

Nayabeen-e-Quzzath Welfare Association, v. The State of Andhra Pradesh

Telangana HC18 Jun 2010WP/9011/2010

Case brief

AI extract

What is this about?

Petition challenging appointments of Naib Kazis by unauthorized persons violating Section 3 of Kazis Act, 1880. Court directed State Government to examine representation, grant opportunity of hearing to concerned parties, and decide within four months.

What did the court decide?

Directed the first Respondent to examine the representation, give an opportunity of hearing to representatives and the allegedly illegally appointed Naib Kazis, and take a decision within four months

Nayabeen-e-Quzzath Welfare Association, Vs The… — Service and Employment | Telangana HC (2010)

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HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.9011 of 2010

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ORDER:

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Heard Sri Abdul Muqeeth Qureshi, Learned Counsel for the petitioner, Learned Government Pleader for Social Welfare and Sri M.A.K. Mukheed, Learned Standing Counsel for the A.P. State Wakf Board. At their request the Writ Petition is being disposed of at the stage of admission.

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The petitioner is an association of Naib Kazis who claim to have been appinted by the Kazis who, in turn, were appointed as such under Section 2 of the Kazis Act, 1880 (Act 12 of 1880). It is their grievance that, several other Naib Kazis were appointed by persons who were not Qazis, and such appointment was contrary to Section 3 of Act 12 of 1880. They claim to have submitted a representation to the Government giving details of persons who had been appointed as Naib Kazis contrary to Section 3 of Act 12 of 1880.

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Section 2 of Act 12 of 1880 confers power on the State Government to appoint one or more kazis for a local area after consulting the principal Mahommedan residents of such local areas. Under Section 3, it is only a kazi appointed under the Act who is empowered to appoint one or more persons as his naib/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 in which he is appointed, and to suspend any naib so appointed. The power to appoint Naib Kazis is conferred only on the Kazi who is appointed as such by the State Government under Section 2 of Act 12 of 1880. Any person, not appointed as a Kazi under Section 2, cannot appoint a Naib Kazi under Section 3 of Act 12 of 1880.

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Since the petitioner-Association has submitted a representation dated 17.03.2010, drawing attention of the Government to the violation of the statutory provisions in appointment of certain Naib Kazis by persons who have not been appointed as Kazis under Act 12 of 1880, I consider it appropriate to direct the 1^st respondent to examine the representation submitted by the petitioner-Association, give their representatives, and also those who have allegedly been illegally appointed as Naib Kazis, an opportunity of being heard and, thereafter, take a decision in accordance with law. The entire exercise, in this regard, culminating in a decision being taken by the Government and its order being communicated to the parties concerned, shall be completed within a period of four months from the date of receipt of a copy of this order.

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The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs.

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_________________________ 21.04.2010 RAMESH RANGANATHAN, J

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Note: Furnish copy within one week. B/o USD/MRKR

Nayabeen-e-Quzzath Welfare Association, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nayabeen-e-Quzzath Welfare Association, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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