THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.11649 of 2005 ORDER: This writ petition is filed seeking the following substantive relief: “…Honourable Court may be pleased to issue a Writ of Mandamus or any other appropriate writ declaring that the action of the 1st respondent contained in G.O.Ms.No.12 dated 16.03.2005 appointing the 3rd respondent as Kazi of Vijayawada City on the recommendation of the District Collector, Krishna District, is arbitrary and illegal and consequently set aside the same and direct the respondents not to interfere with the functioning of the petitioner as Kazi of Mustafanagar Circle, Vijayawada Taluk, Krishna Distirct (inclusive of Vijayawada City) and grant such other relief as it deems fit in the circumstances of the case.” According to the petitioner, he was appointed as a Government Kazi of Mustafanagar Circle, which covers Kondapalli, Vijayawada Taluk, Krishna District, by the 1st respondent in exercise of powers under Section 2 of Kazi Act, 1880, vide G.O.Ms.No.1380 dated 13.06.1959, and that Mustafanagar Circle includes the entire Krishna District, except Machilipatnam. The petitioner states that since the date of his appointment, the marriage booklets and shianamas are issued in his name by the 2nd respondent-Wakf Board, and he has appointed totally 145 naib kazis, out of whom about 58 are covering Vijayawada City area. While that being so, the impugned G.O.Ms.No.12 dated 16.03.2005 has been issued by the 1st respondent appointing the 3rd respondent as Government Khazi for Vijayawada City, Krishna District, and the same was published on 21.05.2005 in Eenadu Daily of Krishna District Edition. The main grievance of the petitioner is that even though there is no separate area as local Vijayawada and no Kazi exclusively for Vijayawada City is appointed at any point of time, the 1st respondent issued impugned G.O., appointing the 3rd respondent as Government Kazi for Vijayawada City, by which the office of Kaziship as regards Vijayawada City is overlapping. The further grievance of the petitioner is that without deciding about his status and without issuing any prior notice to him, the 1st respondent has issued the impugned G.O. Hence, this writ petition. In the counter affidavit filed by the 1st respondent, it is asserted that the appointment order of the 3rd respondent clearly reveals that he has been appointed as a Government Khazi for Vijayawada City only, and that there is no contradiction with regard to the appointment of the petitioner as Government Kazi for Mustafanagar Circle. It is also stated that the impugned G.O. neither affects the territorial area of the petitioner nor the functioning of the petitioner as a Government Khazi of Mustafanagar Circle of Krishna District. It is also stated that keeping in view of the demand of the local Mohammedan residents, the Government appointed the 3rd respondent as a Khazi of the Vijayawada City, after careful examination of the proposal of the District Collector. Heard the learned counsel on either side. In view of the categorical stand taken by the 1st respondent that the appointment of the 3rd respondent as Government Kazi for Vijayawada City, vide impugned G.O., no way affects the territorial area of the petitioner and his functioning as Government Kazi of Mustafanagar Circle and that the impugned G.O., appointing the 3rd respondent as Kazi for Vijayawada City, has been issued keeping in view the need of the local Mohammedan residents, the impugned G.O. cannot be said to be arbitrary and illegal. Thus, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. _____________ C.V.RAMULU,J 27.01.2011 v v