WA/1198/2023 of Syed Gulam Afzal Biabani Vs Mohd. Muzaffar Ali Khan on 29 December 2023

HIGH COURT FOR THE STATE [OF ][TELANGANA]AT HYDERABAD

FRIDAY, THE TWENTY NINTH [DAY OF DECEMBER]TWO THOUSAND AND TWENTY [THREE]

PRESENT

THE HONOURABLE THE [CHIEF JUSTICE ][ALOK ][ARADHE]AND

THE HONOURABLE SHRI [JUSTICE ][ANIL ][KUMAR ][JUKANTI]

WRIT APPEAL NO: 11 980F [2023]

writ Appeal under clause [15 of ][the Letters ][Patent preferred against ][the ][order dated]OglOOl2O23 in W.P.No.1431 [4 ][of ][2023 on ][the ][file ][of ][the ][High ][Court']

Between:

Sved Gulam Afzal Biabani, son [of ][Late ][Sri ][Syed Gulam ][sarwar ][Biabani, ][qsgd- ]19idi'[. Oiiroriio;. [-Chi"i ][khazi, ][Warangat ][DiStrict, ][resident ][of ][House ][No.3-5-6/C,]bargah Shareef, Kazipet, [Warangal District, Telangana.]

.....APPELLANT

AND

1Mohd. Muzaffar Ali Khan, [son ][of ][llte ][Sri Mohd. Ahmad Ali Khan, ][aged 66]years, Occupation ; Nayab Qazi, [resident ][of ][H.No.2-5-21 ][, ][Old Bazar,]Mahaboobabad'Telangana years, Occupation ; Nayab Qazi, [resident ][of ][H.No.2-5-21 ][, ][Old Bazar,]Mahaboobabad'Telangana

.....RESpoNDENT/wRrrpETrrroNER

2. State of Telangana, [Represented by its Principal ][secretary, ][Minorities Welfare]Department, Secretariat [Buildings, Hyderabad.]Department, Secretariat [Buildings, Hyderabad.]

3. The District Collector, [Mahaboobabad Town ][and ][District]

.....RESPONDENTS

|.A.NO:4 OF 2023

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 operation [of ][the ][order ][made ][in ][w.P.No.14314 of ][2023 dated 09-06-]2023, pending disposal of [the ][above ][writ ][appeal.]

Counsel for the Appellant [: ][SRI P.VENUGOPAL, SENIOR COUNSEL ][FOR]SRI P.KRISHNA KEERTANA

Counsel for the Respondent [No.1 ][: SRI ][Y.ASHOK ][RAJ]

Counsel for the Respondent [Nos.2 ][& 3 ][: SRI P.RAM PRASAD, GP ][FOR]MINORITIES WELFARE [DEPT]

The Court made the [following ][JUDGMENT ][: ][-]

THE HON'BLE THE CHIEF JUSTICE ALOK ARADHEAND

THE HON'BLE SHRI JUSTICE ANIL KUMAR JT'KANTI

WRIT APPEAL No.1 198 of 2o23

JUDGMENT : (Per the Hon'ble the Chief Justice Alok Aradhe)

Mr. P.Venugopal, learned Senior Counselrepresenting Mr. P.Krishna Keertana, learned counsel for'the appellant Mr. Y.Ashok Raj, learned counsel for respondent No. 1.

Mr. Pattipaka Ram Prasad, learned Government Pleader for Minorities Welfare Department for respondentNos.2 and 3.Nos.2 and 3.

2. With consent of the consent of the of the the learned counsel parties, the writ appeal is heard finally.

With consent of the consent of the of the the learned counsel for the

3. This intra court appeal arises from an order dated O9.O6.2O23 passed by learned Single Judge1nW.P.No. 14314 of 2023, by which writ petition preferred byrespondent No.1 has been disposed of with the direction to the State Government to consider his [representation ][dated]24.O1.2018 for appointment as Kazi.

4. We have heard learned Senior Counsel for [thc]:rppellant as well as learned counsel for [respondent No.l]and learned Government Pleader for [respondent Nos'2 ][and]J.

The appellant was appointed as Kazi by [t.he]

5. State Governrnent by an order in [G.O.Ms.No.7, ][Nlinorities]Welfare (Wakf-1) Department dated 13.02.2OO8 [in ][respect]of Warangal District. It is the [case ]of [the ][appellant that]Mahabubabad area falls within the Warangal District. [The]appellant appointed respondent No.1 as Naib [Kazi. ][The]services of respondent No. 1 [were ]terminated [by ][an ][order]dated 29.OA.2O22. Respondent No.1 challenged [the]a-foresaid order in a writ petition namely [W.P.No.39201 of]2022, winich is pending before the learned [Single ][Judge]and in which no interim order has been [passed.]

6. However, without disclosing the factum [of]pendency of the previous writ petition, respondent No.l :tt

submitted a representation 24.O1 [.2018 ][to the ][State]Government for his appointment as [Kazi ][and ][thereupon]filed a writ petition namely W.P.No.14314 [of ][2023, ][in ][which]a direction was sought to the State [Government ][to ][appoint]him as Kazi of Mahabubabad area. In [the ][said ][writ ][petition]namely W.P.No.14314 of 2023, respondent [No.1 ][did ][not]implead the appellant even though [he ][was ][impleaded ][in ][the]previous writ petition namely [W.P.No.392Ol of 2022.]

The learned learned Single Judge Judge by an [[order ]][[dated]]

7. The learned learned Single Judge Judge by an [[order ]][[dated]]09.06.2023 disposed of the writ [petition ][namely]W.P.No.14314 of 2023 with a direction [to ][the ][State]Government to consider the representation [of ][respondent]No.1 dated 24.Ol.2}la for appointment [as ][Kazt.]

8. Learned Senior Counsel for the [appellant]submits that the appellant [was deliberately ][not ][impleaded]in the writ petition namely [W.P.No.14314 ][of 2023 and ][the]factum of frling of [previous ][writ ][petition ][namely]W.P.No.3920 | of 2022 [has ]not [been ][disclosed' ][It ][is further]submitted that the appellant [is ][the ][Kazi ][of ][Warangal]District, which includes [Mahabubabad ][area ][as ][well']

9 . On the other hand, learned counsel forrespondent No.l submits that it is not necessaqz for theState Governfirent to provide an opportunity of hearing totbe appellalt

10. Learned Government Pleader for respondentNos.2 and 3 submits that the Government under Section 2of the I(azis Act, 1880 has power to appoint one or [more]Kauris eu-rd therefore, it is not necessa{/ for the StateGovernrnent to afford an opportunity of hearing to [thc]appellant 1 1 . We have con sidcred the submissions made onboth sides aLnd have perused the record.

12. The appellalt adrnittedly has been appointed asKazr in respect of Warangal DistrictWhetherMahabubabad area falls rvithin the Warangal District is :rquestion r,vhich has to be determined. Undoubtedly, theState Govemment has [porver ]to appoint a person as I(azihut in the instant case, respondent No.1 has notapproached the Court with clgal hands ald had suppressed the factum of filing a writ petition namely W.P.No.3920 1, of 2022. The appellant is the person whowould be affected in case al order on the representation ofrespondent No. 1 dated 24.O1.2018 is passed.

13. For the aforementioned reasons, the impugned order dated 09.06.2023 passed by the learned Single Judgein W.P.No.14314 of 2023 is set aside. Respondent No.l isdirected to implead the appellant as the respondent in thewrit petition. The learned Single Judge is requested tohear the parties and to decide the writ petition afresh.

14. Accordingly, Writ Appeal is disposed of. Thereshall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

sD/- I.NAGALA(SHMI

DEPUTY REG)DTRAR SECTION OFFICER

//TRUE COPY//

To,1,The Principal Secretary, [Minorities ][welfare ][Department, ][secretariat ][Buildings']State of T6langana [at ][HYderabad'],1,The Principal Secretary, [Minorities ][welfare ][Department, ][secretariat ][Buildings']State of T6langana [at ][HYderabad']2.ir,"* oidtiiitbdtiector, [tu'arrauoobabad ][Town and ][D^istrict']3.iii; ffiil;;bfr""i, [r.ron ]- [s"r,i"e ][Se"tion, ][High ][Court ][for ][the State ][of]Telanqana at [HYderabad']3.iii; ffiil;;bfr""i, [r.ron ]- [s"r,i"e ][Se"tion, ][High ][Court ][for ][the State ][of]Telanqana at [HYderabad']4.ir,5's:i,ii",iijniCei,Fosting [Section, High ][court ][for ][the state ][of Telangana ][at]Hvderabad.Hvderabad.5.i#H;fr;; officer, [Writ ][(DB)Section' ][Hish Court for the State ][of ][Telangana]at Hvderabad.at Hvderabad.6.o*;;'cci; $ [P.Krishna Keertana, Advoqate [OPUC]]7.O'ri. CC to Sri [Y.Ashok ][Rai, ][Advocate ][[OPUC]]B.Two CCs to Sri [P.Ram prasao, ][CF ][tor'Minoritle-s ][Welfare ][Department' ][High]Court for the [State ][of ][Telangana at Hyderabad ][luu ][I ][I]7.O'ri. CC to Sri [Y.Ashok ][Rai, ][Advocate ][[OPUC]]B.Two CCs to Sri [P.Ram prasao, ][CF ][tor'Minoritle-s ][Welfare ][Department' ][High]Court for the [State ][of ][Telangana at Hyderabad ][luu ][I ][I]

9. Two CD [CoP]

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SAsi

HIGH COURT

DATED:2911212023

JUDGMENT

WA.No.1198 of 2023

DISPOSING OF THE W.AWITHOUT COSTS

t?l//

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