KHAZI HAMID FAISAL SIDDIQUE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have challenged an order bearing No.MWD-65-WES-2022, Bengaluru, dtd. 21/2/2023 passed by the respondent No.2 authorizing the respondent No.3 and its District Waqf officers to issue Marriage Certificates to the married Muslim applicants in Hyderabad-Karnataka area if they fulfill the conditions stated therein. They have also sought for a writ in the nature of mandamus and direct the respondent Nos.1 and 2 to consider and dispose off their representation dtd. 28/6/2022.

(2.) (i) The petitioners contend that the Kazis Act, 1880 was extended by the Government of Karnataka to the whole of the State of Karnataka on 5/3/1976 vide its order No.RD 132 CWF 74. Thereafter, on 10/2/2010, the Government of Karnataka withdrew its earlier order dtd. 5/3/1976 referred supra. Subsequent thereto, the Government of Karnataka modified the order dtd. 10/2/2010 on 7/6/2010 and made the Kazis Act, 1880 applicable to the Hyderabad-Karnataka area. Thereafter, pursuant to a notification of the Department of Parliamentary Affairs, the Kazis Act, 1880 was repealed by the Government of Karnataka vide its order dtd. 3/12/2013. The said notification suffered a discrepancy and therefore, was withdrawn by the Government of Karnataka vide its Circular No.MWD 08 WES 2011 dtd. 30/6/2014. Therefore the Kazis Act, 1880 continued to be in force in the Hyderabad-Karnataka area. A person named Mr.Mohd. Hasan Ateequlla Siddiqui was appointed as a sole Kazi of Gulbarga and its 314 villages by the Principal Munsiff, Gulbarga vide order dtd. 15/2/1979 (stated as 15/2/1975 in para No.5 of the petition). A notification was issued by the Special Deputy Commissioner (Endowments), Gulbarga vide Order No.Rev/wakfs/76/76-77 dtd. 23/12/1980 appointing Mr. Mohd. Hussain Siddiqui as the Kazi of Gulbarga and its 314 villages.

(3.) The learned counsel for the petitioners contends that the impugned order is contrary to the order passed by this Court in W.P Nos.83409-410/2009. He contends that the State Government did not hold an enquiry whether the Kazis are empowered to issue marriage certificates, as directed by the Bench of this Court at Gulbarga in W.P. Nos.83409-410/2009. He contends that the impugned order dtd. 21/2/2023 without conducting the enquiry as stated above, was issued by the respondent No.2 thereby belittling the order passed by the Bench of this Court at Gulbarga in W.P Nos.83409-410/2009. He contends that the respondent No.2 had authorized the respondent No.3 and the District Wakf Officers to issue marriage certificates unmindful of the fact that neither the respondent No.3 nor District Wakf Officers are empowered under the Waqf Act, 1995 to issue marriage certificates. He further contends that the Waqf Act, 1995 is for the administration of the Waqf and its properties and there is no provision in law authorizing them to issue marriage certificates. He contends that the Kazis Act, 1880 is still in force in Hyderabad-Karnataka area and the respondent No.2, not knowing the power of Kazis so appointed, has issued the impugned notification authorizing respondent No.3 and its District Waqf officers to issue marriage certificates. Therefore, he contends that the impugned order is liable to be quashed.