QAZI SYED ABDULLAH MOHAMMADI Vs. STATE OF AP

JUDGEMENT

(1.) This Writ Petition came up before us on a reference made by the learned Single Judge, Honourable Sri Justice C.V.Nagarjuna Reddy, to be consdiered by a Division Bench in relation to a decision reported in Citizens Welfare Organisation, Hyderabad, v. The Government of A.P., rep. by Secretary, Revenue (Wakf), Hyderabad1, of His Lordships Honourable Sri Justice K.Ramaswamy (as he then was), which relates to remuneration/fees of Naib Kazis.

(2.) Heard Ms. Manjari.S.Ganu and Sri T.S.Praveen Kumar, learned counsel, appearing on behalf of the petitioners and Mr. M.A.K.Mukheed, learned Standing Counsel appearing on behalf of the Wakf Board and the learned Government Pleaders for Social Welfare and Minority Welfare appearing on behalf of the respondents.

(3.) The brief account of the facts, which arise in these proceedings, are that the petitioners herein consisting in all about twenty four {24} persons claiming to be Naib Kazis, who have been appointed by the respective Kazis for the respective areas, filed this Writ Petition against the State and the A.P. Wakf Board, inter alia, seeking writ of Mandamus to declare G.O.Ms.No.276 dated 11.03.1986, G.O.Ms.No.3 Minorities Welfare (Wakf) Department, dated 17.12.1993 as well as memorandum No.2Sj 258/Wakf 2(A2)/97-5 dated 25.11.1997 and also G.O.Rt.No.273 Minorities Welfare (Wakf-2) Department, dated 25.11.1997, as illegal, arbitrary and ultra vires of the powers of the respondent under the Kazis Act, 1880 {"the Act" for brevity}, and consequently, to declare the same as unenforceable.