HON’BLE SRI JUSTICE GODA RAGHURAM W.P. No. 4701 of 1998 DATED: 19.07.2012 Between: Qazi Syed Abdullah Mohammadi and 23 others .. Petitioners And State of A.P. and another .. Respondents O R D E R:- The 24 petitioners challenge G.O.Ms.No. 276, dated 11.03.1986; G.O.Ms.No.3, dated 17.12.1993; Memorandum No.2S/258/Wakf-2/(A2)/97-5, dated 25.11.1997 and G.O.Rt.No.273, dated 25.11.1997, as illegal. The petitioners claim to be Naib Kazis deputed to perform the functions of Kazis in the absence of Kazis appointed by the Government under the provisions of Kazi’s Act, 1880. The Brief Account of Impugned Orders:- a) In G.O.Ms.No.276, (Revenue) Wakf Department, dated 11.03.1986, the Government fixed the fee for Kazis and Naib Kazis of Telangana region for performance of marriages and also fixed conveyance charges for the said purpose. The details of the amounts fixed are however not relevant. b) In G.O.Ms.No.3, Minorities Welfare (Wakf) Department, dated 17.12.1993, the fee and conveyance charges for Kazis and Naib Kazis for performance of marriages has been refixed. c) In the Memorandum No.2S/258/Wakf-2/(A2)/97-5, dated 25.11.1997, the Government rejected representations of an Association of Naib Kazis for enhancement of the prescribed fee; d) In G.O.Rt. No.273 Minorities Welfare (Wakf-2) Department dated 25.11.1997, on the basis of complaints that Kazis are collecting more than prescribed fee in violation of the instructions issued in G.O.Ms.No.3, the Chief Executive Officer of the A.P. State Wakf Board was directed to take necessary action. Heard the learned counsel for the petitioners, the learned Government Pleader for Social Welfare for the 1st respondent and the learned Standing Counsel for A.P. Wakf Board for the 2nd respondent. The petitioners challenge the above referred orders and instructions issued by the Government on the ground that no power vests with the Government under the provisions of Kazi’s Act, 1880 to prescribe fee for Kazis and Naib Kazis as the case may be and to regulate the conditions of their service. Earlier, a learned Single Judge of this Court referred this writ petition for consideration of a Division Bench and to consider the correctness of an earlier judgment of this Court in Citizens Welfare Organization, Hyderabad v. The Government of A.P., rep. by Secretary, Revenue (Wakf), Hyderabad[1] wherein a learned Single Judge of this Court held that the provisions of Kazi’s Act, 1880 empowered the Government to fix fees for Kazis and Naib Kazis. By the judgment dated 07.10.2010, the reference was answered by a learned Division Bench of this Court concluding that under the provisions of the Kazi’s Act, 1880, no power is conferred either on the State Government or the A.P. Wakf Board for that matter, to deal with, fix or meddle with or otherwise, the fee structure in respect of duties or functions of Kazis or Naib Kazis. In view of the conclusion recorded by the referred Court of the learned Division Bench, the orders of the State Government in G.O.Ms.No.276, dated 11.03.1986; in G.O.Ms.No.3, dated 17.12.1993; the conclusion recorded in Memorandum, dated 25.11.1997; and the orders/directions issued in G.O.Rt.No.273, dated 25.11.1997, are invalid and accordingly declared void. The writ petition is allowed as above. There shall be no order as to costs. __________________ GODA RAGHURAM, J 19.07.2012 bcj [1] 1989(2) ALT 524