CITIZENS WELFARE ORGANISATION Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Both the writ petitions are disposed of by a common order.

(2.) Five petitioners in Writ Petition No. 4949/86 and two petitioners Writ Petition No. 2416/89 are prominent residents of the City of Hyderabad professing Islam religion. The first writ petition viv., W.P. No. 4949/86 was filed challenging the power of the Government to prescribe rates of the fee for performance of marriage, and ratio to be shared between Khazi and Naib-Khazis. [In Writ Petition No. 2416/89 a declaration by way of Mandamus is sought for to the effect that the State Government have no power or authority to create or recognise any hereditary or monopolistic post of Khazi, or, to appoint any Khazi for any vast or an unlimited or an unidentifiable local area without any demand from and without any consultation with local muslims under the Khazis Act (Act 12 of 1880), for short, "the Act" and consequently to declare the appointments of Respondents 3 to 5 as illegal and that they are not hereditary Khazis.

(3.) The controversy centres around the question of the power of the Government to appoint Khazis under the Act. Long over years the respondents 1 to 3 were appointed as hereditary Khazis. The contention of Sri K. Pratap Reddy, learned counsel for the petitioners is that, unless there is a request made by way of a representation by a considerable number of Mohammedans residing in any local area desiring to appoint one or more Khazis, the Government is devoid of power to make such an appointment and that, therefore, the appointment of the respondents in this two writ petitions is without authority of law. The question, therefore, is what are the meanings of the words "considerable number of" and 'local area" Unfortunately, this is more than a century old Act and the Legislature did not provide definition of the words "considerable number of " and "local area". But be it as it may, instead of approaching any stricto-sensu lexographic consideration, the words "considerable number of Mohammedan residents" and "local area" are to be read in the larger perspective so as to subserve the purpose of the Act. Power to appoint Khazis is provided under Section 2 of the Act which reads thus :