1 APHC010166622023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 8536/2023 Between: Shaik Nayab Rasool ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1. HABEEB SHEIKH 2. GP FOR SOCIAL WELFARE The Court made the following order: 1. The Writ Petition is filed seeking to issue a writ of mandamus, declaring the action of Respondent No.1 in not taking any action against 3rd respondent by conducting inquiry with regard to performance of marriages of Muslim community as Government Khazi even though his tenure lapsed on 13.09.2021 and not renewed, as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct Respondent 2 No.1 to take action against 3rd respondent by considering representation, dated 23.02.2023 made by the petitioner. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare appearing for the respondents 1 and 2. 3. Learned counsel for the petitioner submits that the petitioner is working as hereditary Government Khazi to Giddalur Taluk, Prakasam District, appointed under Section (2) of the Khazis Act, 1880 vide G.O.Ms.No.91, Minority Welfare(WAKF-1) Department, dated 15.03.2011, for the purpose of solemnizing marriages within the Muslim community. 3rd respondent herein was appointed as Government Khazi for Komarolu Village and Mandal pursuant to G.O.Rt.No.115, Minorities Welfare (IDM) Department, dated 14.09.2015 for a period of three (03) years i.e., from 14.09.2015 to 13.09.2018. Subsequently, by G.O.Rt.No.50, Minorities Welfare (IDM) Department, dated 11.05.2021, the renewal application of 3rd respondent was considered and his term was extended for a period of three (03) years commencing from 14.09.2018 to perform marriages within Muslims community. Learned counsel for the petitioner further submits that though the three (03) years’ period specified in G.O.Rt.No.50, Minorities Welfare (IDM) Department, dated 11.05.2021, expired by 13.09.2021, 3rd respondent is still continuing in the said position without any valid jurisdiction which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 3 4. On the other hand, learned Government Pleader appearing on behalf of the respondents 1 and 2, on instructions submitted that pursuant to G.O.Rt.No.61, Minorities Welfare (IDM) Department, dated 21.02.2023, the tenure of 3rd respondent was extended for a further period of three (3) years with effect from 14.09.2021 to 13.09.2024, in accordance with Section 2 of Kazis Act, 1880 (Central Act XII 1880). 5. Considering the submissions of both the learned counsels, since G.O.Rt.No.61, Minorities Welfare (IDM) Department, dated 21.02.2023 specifically states with regard to extension of the tenure of 3rd respondent for a further period of three (3) years w.e.f.14.09.2021 to 13.09.2024, in the opinion of this Court, no further orders are necessary to be passed in this Writ Petition. 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. Miscellaneous petitions, if any, pending, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 17.07.2025 TM 4 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY W.P.NO: 1737 /2021 Date: 17.07.2025 TM