Dismissed

Mohd Muzzaffar Ali Khan v. The State of Telangana And 3 Others

Telangana HC23 Dec 2024WP/39021/2022

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed a writ petition seeking reinstatement as Naib Qazi. The court held that a Kazi appointed under the Kazis Act, 1880 is an authority competent to appoint and remove Naib Qazis under Section 2 and the General Clauses Act lack statutory status requiring natural justice procedures before dismissal.

What did the court decide?

The writ petition was dismissed without costs, and all miscellaneous petitions pending in the writ were closed.

Mohd Muzzaffar Ali Khan Vs The State of Telangana… — Service and Employment | Telangana HC (2024)

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HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE TWENW THIRD^{DAY OF DECEMBER} TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HONOURABLE MRS JUSTICE^{SUREPALLI NANDA}

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WRIT PETITION NO: 39021 OF 2022

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Between:

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Mohd Muzzaffar Ali Khan, Son of^{late [Mohd Ahmad Ali Khan-Aged65 years,} Occupation. Nayab Qazi.^{(removed) ResidentofH.No.2-5-21' OldBazar,} Mahaboobabad, Telangana.

.....PETITIONER

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'l . The State of Telangana, Rep. by its Principal Secretary Minorities Welfare Department Secretariat Buildings^Hyderabad.

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The District Collector, Mahaboobabad^{Town and District.}

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Syed Gulam Afzal Biabani, S/o Late^{Syed Gulam Sarwar Biabani,Aged48} y6ars, Chief Khazi Warangal District, Resident of^{H.No 3-5-6/C, Dargah} Shareef, Khazipet, Warangal District,^Telangana.

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Shaik Akram, Son of Shaik Ahmad,^{Aged30 years, Occupation.lrlayabQazi,} Resident of H.No.1-4-36t2t1 , Srinagar^{Colony, Mahaboobabad, Telangana'}

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...,.RESPONDENTS

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Petition Under Article 226 oI the^{constitution of lndia praying that in the} circumstances stated in the affidavit^{filed therewith,the High Court maybe} pleased t issue a writ, order or direction more^{particularlyone in the natureof} WRIT OF CERTIORARI calling^{for the records pertaining to the proceedings} dated 29toBt2o22^passed by the^{3rd respondentin dismissingthe petitioner as} Nayab Qazi of Mahaboobabad and^{Kuravi in MahaboobabddDistrict and set} aside the same as illegal, arbitrary,^{unwarrantedand without following the} principals of natural^justice and consequently direct the^{3rd Respondentto} reinstate the Petitioner Nayab Qazi of^{Mahaboobabad and Kuravi of}

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Mahaboobabad^{District by removingthe 4th Respondent from the post of Nayab} Oazi of^{Mahaboobabad and Kuravi of Mahaboobabad District.}

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A.NO:1 OF 2022

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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 suspend the orders dated 2910812022 passed by the 3rd Respondent dismissing the petitioner as Nayab Qazi of Mahaboobabad and Kuravi of Mahaboobabad District including the orders dated 05/09/2022 of 3rd respondent in appointing the 4th respondent as Nayab Qazi of Mahaboobabad and Kuravi of Mahaboobabad District in the place of Petitioner herein fo(hwith, pending disposal of the main writ petitio n.

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Counsel for the Petitioner : SRI Y.ASHOK RAJ

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g. '?' Counsel forthe Respondent No.1 :AGP FOR REVENUE

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Counsel for the Respondent No.2 : GP FOR SOCIAL WEFLARE

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Counsel forthe Respondent No.3 : SRI P.VENUGOPAL, REPRESENTTNG SRt CH.SIDDHARTHA SARMA

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The Court made the following ORDER

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THE HON'BLE^{MRS. JUSTICESUREPALLINANDA} w. No. 9021^{oF 2022}

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ORDER:

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Heard sri Y.Ashok^{Raj, learned counsel appearingon} behalf of the^{Petitioner, learned AssistantGovernment} Pleader for^{Revenue appearingon behalfof the respondent} No,1, learned^{GovernmentPleader forSocial Welfare} appearing on^{behalf of the respondentNo'2 and learned} seniordesignatedcounselsriP.VenugopalrepresentingSri Ch.Siddharthasarma,learnedcounselappearingonbehalf of the respondent^{No.3 on record'}

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2. The Petitioner^{a oDroach} the Cou see ano Draver^as

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under:

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"...to issue a writ, order^{or direction moreparticularly} one in the^{nature of WRIT OF CERTIORARIcallingfor the} records^{pertaining to the proceedingsdated 29 'OB '2022} passed by the 3rd^{respondent in dismissing the petitioneras} Nayab Qazi of^{Mahaboobabadand Kuravi in Mahaboobabad} District and set^{aside the same as illegal' arbitrary'} unwarranted and^{withoutfollowingthe principalsof natural} justice and consequently direct^{the 3rd Respondent to}

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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..."

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3. PERUSED THE RECORD:-

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A. The imouon ed Droceedinqs disDatch No. 7612022 dated .oa.2022 i e3tdr the

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extracted ereunder:-

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"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.

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You should not interfere in Qazath matters in future.

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Return the completed and blank siyahas issued from this office for performing marriages within 5 days."

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B. The letter of the 3'd resoo dent addressed to the District Minoritv Welfare^gfficer, Mahaboobabad District, dated 16.O6_20 22 is extracted h e u nder: -

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I hereby bring into your kind notice regarding the said subject and reference cited above that, I am the eAZI of DISTRICT WARANGAL, as per G.O.Ms.No:7, of MINORITIES

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WELFARE^{(WAKF-1)DEPARTMENT.The Sadar Qazzathof} Warangal is the^primordial Qazzath^{of abovethreehundred} years. The system of Qazzath^{was time-honoredfrom the} period of NIZAM and working^{quietpeaceful and in a proper} method.

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The said office of Qazzath,^{functioningin organized} manner with^{qualified and appropriatepersons(Naib-Qazi)'} These Naib-Qazi's are^{also performingtheir duties since the} time of their^{forefathersand theydo religiousduties as well in} the community.

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The entire system of Qazath^{is administeredeffectively} without any complaint^{from any corner,moreparticularly} about marriages,^{performance of other rites and ceremonies} while maintaining the^{recordsrequired there for, meetingthe} needs of lvlohammedan^{residentsof respective aforesaid local} a reas.

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Whereas, the^{system of} Qazzath,^{which was recognized} under "THE KAZIS^{ACT of1880".The marriages are} performed accordingly and^{officially.The performedmarriage} records and their^{related documentswill be filed time to time} and sent to the^{concernedauthorities of theState} Government. The^{recordsof marriages are kept intact and} will be available for further^{identity/verificationsof the} person or persons according to their^{other requirements also'}

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in pursuance of tt disrurb rhe sysrem ", ;;1' I'j::i ::T: .H,:,7 and not to enlertain an\ the adm nisrraron or r-:j::;:r#: ;:T":.tJ';:ffi; since centuries in proper method.

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Further more, it has been noticed that, some persons with vested interest or for the rr self gain making efforts to circumvent to system of eazza th of Mahabubabad area. The Hon'ble High Court of Hyderaba d has been ordered vide W. p. No: 22315 of 20t9, dated 10_01 -2020.

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''AS KHAZI FOR THE MAHAB u BA BAD DrsrR;I:lL::.':::l;[: :i IT SUFFERS FROM PROCEDURAL IRREGULARITIES AND ACCoRDINGLY, THE SAME IS sET ASIDE".

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This office of eazaath is functioning with proper system and with suffrcient/qualified Naib eazies. These NsiI es7;s5 are also perl"orminq their duties the office eazaath since the time of their forefathers.

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I fu rther submit the eazath of Mahabubabad area, every ;::: .Jlj:Jil" n (80) marriages will perform. Though, these marriages are cariying out by seven qualified and capable N aib-Qazies in proper way The

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n Mahabubabad^{area discharging duties} office^{of the Qazzath i} and^{functions sincem} "",^{O"O"t' according to the Qazi Act'} ,".0,^{of the marriages officiallY'} while^{maintaining the}

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Therefore,^{Ipray to keep the dignity and welfare} present^of Mohammedan^{to*rn'n''y *itf'out cf''angln:..:n"} system^{of QazzathunO it' areasfor which I will be highly} thankful.

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11.^{Be that as it maY' it is one of the duties of the "Sadar} Kazi"^{or"NaibKazi" t" o"} ::",::."::":::"::]":TIt,: marriage^{Petitionerhas got- rrrJ - "'} concentration^{is more on his buslness' Petitioner chose not to} attend^{to perform,n",nurr}n"personallybut instead started sendinq^{his employee"op"ifo't 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'}

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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 ce rtio ra ri".

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Th e Detitioner has filed hi s reolv to the counter affidavit filed on behalf of the respon n No.3 in W.P.No.39021 of 2O22 soecificall v denvinq the averment s made in the counter affidavit filed bv the reslrondent No.3 De ninq to the alleoed irrequl committed bv the Detitioner herein and

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ifi .A II denied re^{aaini af.anrr natiaa r} ti ont^ha Detationer to furnish^p etitioner's explanation^{pertaininq to} ?h azl aaatl lr rlf corlr"tritta.l lrrr iha f + n rtn^lha caDacitv of Na ib Kazi and in Darticular de ied receiot^of notice File No.L54/2022, dated 2O.o7.2O22 and further sDecificallv contended at Dara No.5 of the reolv affidavit filed bv the Detition er that the resoondent No.3 fa iled to file^anv arrida nce indicatin a nr.nnf at CA rvl of the all^{arrad nnlira} dated 2O.O7.2O22 uoon the oetitioner herein and the^same was an afterth uoht and notice dated 2O.O7.^O22 created^to defeat the riqhts of the Detitioner.

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The case f the Detitioner in brief as Der the averments made bv the^pe titioner in the affidavit faled bv the Detitaoner in suooort of the Dresent Writ Petition is as^{u nder: -}

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i) The oetition er is a resident of Mahabooba^bad town^since his birth. the 3'd respondent had been aooointed as Kazi under Section of the Kazi's Act, 1880, the etitroner made an aDDlication throuoh the District Coll n r. i.e., the 2nd resDondent h rein on O1.O2.2018 for ooointino the

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oetitioner as Qazi of newlv formed Mahaboobabad District. The Gove rnment oassed G.O .Ms.No.43, dated 3.O9.2019 aooointin^q the 4th resoondent as Oazi of Mah boobabad eriod f e r dG.Ow rd h n he ln Wri Petition No.23315 of 2O19 and the same was allowed vide r 1,202 asi .43 23.O9.2 O19 fo r not followinq the due Drocedu re under law.

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ii) rt is further the ca se of the Detiti ner that the D titioner made nother aoolication on 23.06. 2O22 to the District Col lector of Mahaboo babad as a reminder .an aqa in remind d the 2nd resoondent about the oetitioner's earlier ton L.O2.2 a:n ln eti for an a nt of zt ahabo Distri nd re n rwar said r nta n h erd 6.2022 ec n nDa rt M i norit Welfare Deoartment for n essarv action thereto. While so, to the shock of the Detitioner, the 3'd res ondent oassed orders on 29 .O4.2022 dismissi nq the Detitio er from functi ontno aSN vab Oa zt of Mahaboo bad and uravr.

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v th m he r filed t r nt

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Petition.

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DIscu^ssr A coNc LUSION:-

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6 The seL a PD rnq o be half of the^Detitioer ma inlv^pluts rth the foll winq^{submisstons:-}

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i) There^{is no noticeissued to the petitionerhereinprior to} passing of the^{impugnedproceedings,dated 29'08'2022bV} the 3'd^respondent.

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ii) The^{said impugned proceedings, dated 29'08'2022had} been issued^{unilaterally withoutcalling for any explanation} fromthepetitionerpertain.ngtotheallegedirregularities which led^{to the issuanceof the impugnedproceedings'} dated^{29.O8.2022 by the 3'd respondent behind the back of} the^{petitioner in clear violation of the principles of natural} j ustice.

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iii) It is totally^{false and incorrect state that the petitioner} received the^{notice dated 2O.O7.2O22since no material} evidence^{had been filed by the3'd respondentherein} evidencing^{receipt of the said notice by the petitionerherein}

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and the same is a self created version by the 3.d respondent to defeat the rights of the petitioner.

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Th e lea rned cou n selapoeannq on behalfof the oetiti oner based onthea fo resaid subm rsstons Draved that th e Writ P titi ne s e ow as ra f r

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rn s tor e a n a e behalf of the 3'd res Don dent mainl puts-fo hthefo llowi nq su mts lons:-

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i) The present Writ petition against the 3rd respondent is not maintainable since the 3.d respondent is not a State under Article 12 of the Constitution of India.

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ai) The petitioner indulged in suppression of facts and the same had been observed at para No.12 of the judgment dated 29.12.2O23 passed in W.A.No.1198 of 2O23, were under the petitioner is arrayed as respondent No.1 in the said writ Appear preferred by the 3'd respondent herein. Aggrieved against the order dated 09.06.2O23 passed in W.P.No.14314 of 2O23.

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iii)^The Petitioner^{committed irregularitiesand hence,the} Naib Qazi^{bY the 3'd} petitioner^{had been} dismissed^as since the^3'd respondent^{is aQazi} resPondent^herein appointed^{underSection2 of the Act and hence' there is no} illegality^{in the order impugnedpassedby the 3'd respondent} herein.

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r n o u he r e o d n d o t al al 3.,t tWrlt^Pettion s b^ml nss u ht fordi smls^{al of the Dree} in limini.

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8 The lear ed Gover^{mntPleaderfor} So^ci al^Welfare r b h lf re n 5 b h ls vl e no r n1 h r t c s iti n r a a e r h A h r es e rl h s n er h s t t

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Naib^Kazis'-

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Any Kazi^{appointed under this Act may appointone or} more^{personsas his naib or naibs to act in his placein all or} any of^{the mattersappertainingto his office throughout the} whole or^{in any portion of the local area for which he is}

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1,4

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a ppo intcd and may suspend or remove any naib so appointed.

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When any Kazi is suspended or removed under section 2. his naib or naibs (if any) shail be deemed to be suspended or removed, as the case may be.

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Nothing in Act to confer judicial or administrative powers; or to render the presence of Kazi necessary; or to prevent any one acting as Kazi._

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Nothing herein contained, and no appointment made hereundcr, shall be deemed_

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(a)to confer any judicial or administrative powers on any Kazi or Naib Kazi appointed hereunder; or

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(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

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(c)to prevent any person discharging any of the functions of a Kazi.

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A bare perusal of Section 3 of Kazi,s Act, lggo (referred to and extracted above) clearly indicates that it is the Kazi appointed unCer the Act is the Authority Competent to appoint one or more persons as his Naib or Naibs to act in

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his^{place in all or any of the matters appertainingto his} officethroughoutthewholeorinanyportionofthelocal areaforwhichheisappointedandmaysuspendorremove any Naib^{so aPPoint.}

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10 This Co rt ooln es hat wh herbv opera on of a oolication^of DTo^visionsof Genera I cla uses Act, or^on G er Pr s la it e e rt ti o t o AD oolntinq^Author l.e Ka ith e 3td res^{ondentherelnw} n or rs m sr t iti er ro h o Naib Oazi.

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I ra h ra r U rb h e ao r ntedto he eti ner or conc ern ed, t^{hesamecannot beqra} th m it f u d ro di s at o .20 s h rd e he tn ne a w rItP etiti n^{slncethis Cort} canno be oonern^{to in th} o nes th n ed ri h s r st tu rv riqhtco nferred on the D ition er, stn et^he tit n t o rat vl lat n an u f for int heD^resentwrlt orovtsl^{on for qrantof relie} sprave titi n r h rd n nt a fo t f t

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