THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL Nos.655 & 658 of 2022
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
This order will dispose of both Writ Appeal Nos.655 &
658 of 2022.
2. We have heard Mr. A.M.Qureshi, learned Senior
Counsel representing Ms. Samim Ara Begum, learned counsel
for the appellants; Mr. T.Srujan Kumar Reddy, learned
counsel for respondent No.3 in Writ Appeal No.655 of 2022;
and Mr. T.V.Kalyan Singh, learned counsel for respondent No.3 in Writ Appeal No.658 of 2022. We have also heard Mr. Pattipaka Ram Prasad, learned Government Pleader representing Minority Welfare Department i.e., respondent No.1.
3. Both the appeals arise out of common order dated 13.09.2022 passed by the learned Single Judge in I.A.No.1 of 2 HCJ & CVBRJ W.A.Nos.655 & 658 of 2022 2022 in Writ Petition No.27625 of 2022 and I.A.No.1 of 2021 in I.A.Nos.1 & 2 of 2022 in Writ Petition No.37192 of 2021.
4. Appellant is the writ petitioner in both the writ petitions.
5. In W.P.No.27625 of 2022, the challenge made is to the G.O.Ms.No.35 dated 14.06.2022 appointing 3rd respondent as Khazi in the area where appellant is functioning as Khazi.
6. In W.P.No.37192 of 2021, the challenge has been made to G.O.Ms.No.33 dated 20.12.2021 appointing 3rd respondent as Government Khazi in Nizamabad Urban area of Nizamabad District where appellant is functioning as Khazi.
7. Learned Single Judge vide separate orders dated 19.07.2021 in W.P.No.27625 of 2022 and dated 30.12.2021 in W.P.No.37192 of 2021 stayed both the above G.O.Ms.Nos.33 dated 20.12.2021 and 35 dated 14.06.2022.
8. Against the above orders, vacate stay petitions being I.A.Nos.1 of 2022 and 2 of 2022 were filed by 3 HCJ & CVBRJ W.A.Nos.655 & 658 of 2022 respondent Nos.3 & 1 respectively in W.P.No.37192 of 2021 only. However, by a detailed common order dated 13.09.2022, the stay vacate petitions were allowed; interim order dated 13.12.2021 passed by the learned Single Judge in W.P.No.37192 of 2021 was vacated; and I.A.No.1 of 2022 in W.P.No.27625 of 2022 was dismissed. Hence, the appeal.
9. In the course of hearing, on 01.11.2022 we had passed the following order:
"Mr. Ram Prasad, learned Government Pleader for Social Welfare, to obtain instructions as to whether following issuance of G.O.Ms.No.33 dated 20.12.2021 appointing respondent No.3 as Government Khazi to Nizamabad Urban in Nizamabad District, appointment of Sri Mohd. Moinuddin Hussain as Khazi for Nizamabad proper vide G.O.Ms.No.245 dated 28.12.1999 stands cancelled or both of them continue as Khazis in Nizamabad District, within a week.
List the matters on 14.11.2022."
10. Today, Mr. Pathipaka Ram Prasad, learned Government Pleader submits that as per instructions received from the 1st respondent, both appellant and respondent No.3 4 HCJ & CVBRJ W.A.Nos.655 & 658 of 2022 (in both the cases) are functioning as Government Khazis in terms of Section 2 of the Khazi Act, 1880.
11. That being the position, we are not inclined to entertain the appeals. However, since the related writ petitions are pending, we leave it open to the parties to agitate their respective submissions before the learned Single Judge. All contentions are kept open.
12. Subject to the above clarification, Writ Appeals are disposed of. However, there shall be no order as to costs.
13. As a sequel, miscellaneous applications pending, if any, in these Writ Appeals, shall stand closed.
___________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 14.11.2022 KL