Khazi Mir Mohammed Khader Ali vs Syed Khaja Raziuddin Quadri
2022 Latest Caselaw 3778 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
          THE HON'BLE MRS JUSTICE SUREPALLI NANDA


                     I.A.Nos.1 and 2 of 2022
                                    in/and
               WRIT APPEAL No.453 of 2022

JUDGMENT:     (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard Mr. Shafath Ahmed Khan, learned counsel for

the appellant and Mr. P.Pandu Ranga Reddy, learned

counsel for respondents No.1 and 2.

2. I.A.No.1 of 2022 has been filed to dispense with filing

of certified copy of the order passed in the related writ

petition and I.A.No.2 of 2022 has been filed seeking leave

to the appellant to file the present writ appeal.

3. This writ appeal has been preferred against the final

order dated 14.06.2022 passed by the learned Single Judge

allowing W.P.No.34122 of 2021 filed by respondents No.1

and 2.

4. The writ petition was filed questioning the legality

and validity of the order dated 01.12.2021 issued by State

of Telangana in the Minority Welfare (Estt-II) Department

rejecting the request of respondents No.1 and 2 for

appointment as Government Khazis of Shariyat Panah

Balda Zone, Hyderabad District. Learned Single Judge

took the view that the aforesaid order was passed by the

State without waiting for the report of the District

Collector. Consequently, order dated 01.12.2021 was set

aside and the matter has been remanded back to the State

of Telangana in the Minority Welfare (Estt-II) Department

to take a decision on the request of respondents No.1 and 2

for appointment as Government Khazis.

5. According to the appellant, he is already Government

Khazi of Shariyat Panah Balda. Therefore, the question of

any appointment of Khazi of Shariyat Panah Balda does

not arise. He further states that without impleading him

as a respondent, respondents No.1 and 2 filed the related

writ petition and obtained the order of the learned Single

Judge, which is in violation of the principles of natural

justice.

6. Having heard learned counsel for the parties and on

due consideration, we are of the view that appellant may

file a review petition before the learned Single Judge along

with leave application.

7. Accordingly, we grant liberty to the appellant to file

review petition before the learned Single Judge to consider

review of order dated 14.06.2022 along with petition for

leave. However, we express no opinion on merit.

8. I.A.Nos.1 and 2 of 2022 and the writ appeal are

accordingly disposed of.

9. Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ SUREPALLI NANDA, J 18.07.2022 vs