Disposed

Mohammed Abdul Ghani v. The State of Telangana

Telangana HC10 Feb 2021WP/2590/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging the appointment of a Qazi in Khammam without consulting residents. Directing the Principal Secretary to consider the petitioner's case with recommendations from the District Collector and Wakf Board within two months.

What did the court decide?

Directed the 1st respondent to consider the petitioner's case for appointment as Qazi, taking into account the recommendations of the District Collector and Chief Executive Officer of the Wakf Board w

Mohammed Abdul Ghani Vs The State of… — Pension and Retirement Benefits | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD

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WRIT PETITION NO: 2590 AF 2021

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Between:

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lt4ohammed Abdul Ghani, S/o. Abdul Samad, aged 69 years, Occ. Landlord, Rio.8-4-53, N/ominan Bazar, Khammam, Khammam District.

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Mohammad Abdul Waheed, Sio. lt4ohammad Abdul Azee2, Aged 67 years, Occ. Retired Employee, R/o. Sunrays Golden Residency, Flat No.404, Balaji Nagar, Khammam, Khammam District.

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Rasheed Ahmed, S/o. Zamin Ali, Aged 66 years, Occ.Business, R/o. 8-9-168, lnside Fort Khammam, Khammam

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lt/ohammad Abdul Jaleel, S/o. Raza Ali, aged 62 Years, Occ. ltrlutavali (Bulandh Shahid dargah) Rlo. 8-5-2711 , I/omin Bazar, Khammam, Khammam District.

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5, l/ohammad' Shoukath Ali, S/o. IVohammad Masthan Ali, Occ. Corporator 29th Division, Aged 57 years, R/o. 8-9-171, Khilla Bazar, lnside Fort, Khammam, Khammam District.

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Shaik Nisar Ahmed, S/o. Shaik Kalesha, Aged 68 years, R/o.9-6-32, Occ. Business, Kasba Bazar, Khammam, Khammam district.

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...PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal secretary, Minorities welfare Department, Secretariat buildings, Hyderabad

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The District Collector, Khammam District.

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The District Revenue officer/ District ft4inorities Welfare Officer, Khammam.

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The Tahsildar, Khammam(urban), Khammam District.

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The Telangana state WAKF Board, Rep by its Chief Executive Officer, Hyderabad, Telangana State.

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rhe lnspector Auditor, wAKF, collector offlce, Khammam,

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^niH?BE3,l,rJr=.,1rc

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue Writ or Direction preferably Writ of [/andamus, declaring the action of the Respondent No.1 in not consulting the Principal Muhammadan residents of Khammam district as per Section 2 of Qazi Act, 1880 for appointment of Qazi in Khammam District as illegal, arbitrary, contrary to the provisions of Qazi Act, 1880 and violative of principles of the natural^justice and consequently direct the Respondent No.1 to consider the objections of the petitioners and other religious elders dated 0710112021 ,1210112021 and 211O112021

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to direct the Respondent No. 1 to consider the objections of the petitioners and other religious elders dated 07.01 .2021 , 12.O1 .2021 and 21 .01 .2021 be'fore making any appointment of the Qazi for Khammam district, pending disposal of the writ^petition in the interest of^justice.

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Counsel for the Petitioner : SRI KOWTURU PAVAN KUMAR Counsel for the Respondent No.1 : GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 & 6 : SRI FARHAN AZAM KHAN

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S.C. FOR WAKF BOARD

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE T. AMARNATH GOUD

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WRIT PETITION No.259O OF 2O2l

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ORDER:

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Heard learned counsel lbr the petitioners and learned Government Pleaders. With the consent of both sides, this writ petition is disposed of at the stage of admission.

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This writ petition is filed to declare the action of the 1"t respondent in not consulting the Principal Muhammada residents of Khammam District as per Section 2 of Qazi Act, 1880 for appointment of Qazi in Khammam District as i1lega1 and to consequently direct the 1"t respondent to consider the objections of the petitioners and other religious elders dated 07 .O1.2021, 12.OI.2O2I and 2l.Ol.2O2l.

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When the matter is taken up for hearing, learned counsel for the petitioners submitted that in similar circumstances W.P.No.17145 of 2020 was disposed of by this Court on 06.lO.2O2O.

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In view of the facts and circumstances of the case, the writ petition is disposed of directing the 1st respondent to consider the case of the petitioner for appointment as qazi by duly taking into account the recommendation of the District Colector and Chief Executive Officer-Telangana State Wakf Board and pass appropriate orders in accordance with iaw

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within a reasonable^{period preferably within a period of two} months from^{the date of receipt of a copy of this order' There}

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shall be no^{order as to costs.}

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Miscellaneous^{petitions, ifany, shall also stand}

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dismissed.

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,TRUE COPY//

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SD/.B.SATYAVATHI ASSISTANT^REGISTRAR (\r)

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SECTION OFFICER

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To 1. The Principal Secretary, Minorities Welfare Department' State of Telangana'

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Secretariat^{buildings,Hyderabad} -.

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1. The District^{Collector. Khammam utstrtct'}

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The District^{n"r"nr"'Otii"rlOistrrct tvtinoritiesWelfare Officer' Khammam'} i. ine iutitifOar'^{Khammam(urban),KhammamDistrict'} 5. The chief^{Executive bfri;l);i;i;;s;naStut" wAKF Board' Hvderabad'} Telanoana State

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+;;iiYtr;;:i;ixoito,,^{WAKF collectoroffice'Khammam' Khammam District'} 7. oni Cdt"^{sri xowtuil-pivink'ma'' Ad-vocatetoPucl} B. Two ccs^{to Gp to' stliuiw"rir'[,'iiigric"rrt.ioiprestate of relanganaat}

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Hvderabad [OUT]

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gTwoccstoGPforRevenue,HighcourtfortheStateofTelangana'Hyderabad (OUT)

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ro.b'"ni'ic to^{Sri FarhanAzam Khan'S C for Wakf Board(OPUC)} 1 1 . Two CD^CoPies Kj

\l.i\

HIGH COURT

DATED:1010212021

ORDER

WP.No.2590 ot 2021

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t o 2 6 FEB 2021 o
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Mohammed Abdul Ghani v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mohammed Abdul Ghani v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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