KAZI AHMED MOHIUDDIN FAROOQUI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent.

(2.) The petition raises the question as to whether the Wakf Board has the power to appoint Kazis.

(3.) The petitioner claims that he is practising as a Kazi in Parbhani. According to him, his ancestors were Kazis and today the petitioner is the chief Kazi with 11 Naib Kazis working under him in Parbhani. The petitioner claims that his only source of income is the Kazaat. The petitioner is aggrieved by the order of the Wakf Board dated 4/2/2005, appointing respondent No. 3 as Qari-usn-Nikah (Naib Kazi) to perform marriages in the District of Parbhani. The petitioner claims to have become aware of that order only in October 2006. Thereafter, according to the petitioner he had questioned the Wakf Board i.e. respondent No. 2, herein, regarding the appointment of respondent No. 3 as Qari-usn-Nikah. The petitioner claims that his pleas to the Wakf Board, that the order in favour of respondent No. 3 should be revoked, have fallen on deaf ears and hence this petition.