Syed A Khadir Chistty vs The State Of Ap on 17 March, 2021
17. Similar view has been expressed by the High Court of Andhra
Pradesh in Quazi Mohd. Najmuddin Hussain Vs. State of A.P and
others2. It observed thus:
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1 - 3 of 3 (0.30 seconds)Government Kazi For Kavali Town And ... vs Unknown on 4 November, 2022
16. A overall reading of the earlier decisions of the Apex Court in
Citizens Welfare Organisation, Hyderabad represented by its General
Secretary and others v. The Government of AP1; Quazi Mohd.Najmuddin
Hussain v. State of AP and others2; VVA.Salahuddeen Aalim, District
Kazi v. The Government of Tamil Nadu3; and Syed A Khadir Chistty v
State of AP4 and the order of this Court dated 30.04.2011 in WA.No.70 of
2011 A.P State Wakf Board represented by its Chief Executive Officer,
Hyderabad v. Hafeez Syed Saleem Basha and another, it could be easily
deduced that existing Kazi has no exclusive right to operate as a Kazi in the
area as per the provision of Section 2 of the Act. Hence, no notice is
required to be issued to the existing Kazi before appointing another Kazi.
No educational qualification is prescribed to be appointed as Kazi in
consultation with the principal Muhammadans of the local area. There is no
bar on the State Government to appoint more than one Kazi for the same
local area. The Act does not recognize strict division of territorial area
between two or more Kazis. None of the Kazi is prevented from discharging
the function of Kazi in the local area for which he is appointed.
S.M.Halikul Jaman vs The Commissioner on 12 April, 2023
4.In the considered view of this Court, the Khazi does not have a big role
to play in a marriage ceremony. Under the Muslim Law, marriage is a contract,
where the only requirement is that the persons entering into marriage should
consent to such a marriage in the presence of witnesses. The Khazi's Act, 1880
neither gives any power to the Khazi nor gives any previlage to the Khazi
appointed under the Act for performing function / ceremonies. Useful reference
can be made by the Division Bench of the Andhra Pradesh High Court in Quazi
Mohd. Najmuddin Hussain vs. Sate of A.P. And others reported in AIR 2005
AP 464.
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