IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.8387 of 2010 Between: Mohd.Abdul Muqtadir ..... PETITIONER AND The State of Andhra Pradesh, Rep.by its Principal Secretary, Social Welfare & Minority Welfare Department, Hyderabad and another .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.8387 of 2010 ORDER: Petitioner, who has applied for appointment as Qazi, is aggrieved by the inaction of the Government in considering his application. The impleaded 2nd respondent states that he is the son of Qazi, appointed earlier, and after death of his father, he has been discharging his functions as Qazi. The 2nd respondent also states that he has also applied for appointment as Qazi, and account of the interim order passed in his writ petition WP.27540/2009 vide WPMP.35867/2009 dated 17.12.2009, he is permitted to act as Qazi while performing duties as Nayab Qazi. No counter affidavit is filed by the 1st respondent-State. The learned counsel for the 2nd respondent refers to the other connected proceedings, viz., W.P.6708/2002 filed by number of Nayab Qazis, including the petitioner herein, objecting to change of jurisdiction of Qazi, as envisaged by the Government under G.O.Ms.No.13 dated 20.03.2002. The learned counsel for the 2nd respondent states that as long as the interim order in W.P.6708/2002, staying the appointments of Qazis in pursuance of G.O.Ms.No.13 dated 20.03.2002 operates, no person can be appointed as Qazi. I am unable to appreciate the contentions of the learned counsel for the 2nd respondent, inasmuch as, even if the said G.O.Ms.No.13 dated 20.03.2002 is questioned and is stayed to the extent of appointment of Qazis in pursuance to the said G.O, the earlier arrangement, which was pre-existing before G.O.Ms.No.13, continues to exist even today together with the fact that the 2nd respondent’s father was already the Qazi, appointed for the same area. Subject to the orders of this Court in W.P.6708/2002, there is no reason as to why the Government should not make appointment of Qazi in the place of deceased Qazi. The petitioner, as well as the 2nd respondent who are aspirants for appointment of the Qazi have both applied to the Government, but no orders have been passed by the Government for appointment as Qazi. The post of Qazi is lying vacant since 06.12.2009 and no regular Qazi was appointed in the place of deceased Qazi. I, therefore, deem it appropriate to dispose of this writ petition, by directing the 1st respondent to consider the candidature of the petitioner as well as the 2nd respondent, or any other person found appropriate to be appointed as Qazi, in accordance with law, by giving opportunity to all the aspirants to substantiate their respective claims for appointment of Qazi, and pass appropriate orders within two months, from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No order as to costs. ________________________ VILAS V. AFZULPURKAR,J Dated: 30.08.2011 Dsr