THE HON'BLE SRI JUSTICE M.GANGA RAO
Writ Petition No.2994 of 2021
ORDER:
This writ petition is filed to issue a writ of Mandamus declaring the action of the respondents in not renewing the petitioner's notary license which was submitted by the petitioner on 23.06.2017 as illegal, arbitrary, violation of Article 19(1)(g) of the Constitution of India and contrary to the provisions of the Notaries Act, 1952, and for a consequential direction to the respondents to renew the petitioner's notary license.
The case of the petitioner is that he got enrolled as advocate in the Bar Council of the State of Andhra Pradesh and practicing as advocate. Subsequently, on his application, on being found eligible, the respondents appointed him as Notary vide G.O.Ms.No.2745 dated 26.12.2011 for a period of five years. Before completion of notary period, when the petitioner intended to submit a renewal application, he came to know that the respondent authorities are not receiving the renewal applications as per the Memo dated 31.08.2015. Challenging the said memo, some of the aggrieved persons approached the combined High Court by filing W.P.No.9655 of 2016 and batch. The combined High Court, by orders, dated 02.12.2016 passed in W.P.No.9655 of 2016 and batch while setting aside the Memo dated 31.08.2015 observed that in 2 case if the application for renewal is sought to be rejected, a notice shall be issued to the aggrieved person giving him an opportunity to explain the reasons thereof. Subsequent to the said orders, after coming to know that the respondents are taking the applications for renewal, the petitioner made an application for renewal of the certificate on 23.06.2017, pursuant to which, the respondent authorities issued notice dated 01.08.2017 to submit valid reasons for delay in submitting the application. The petitioner gave his reply dated 22.08.2017. Till date the respondents have not passed any orders renewing the application of the petitioner. Assailing the inaction of the respondents, the present writ petition came to be filed.
Learned counsel for the petitioner submits that as per Section 5(2) of the Notaries Act, 1952, the applicant has to make an application for renewal along with the prescribed fee, which obligates the Government to consider the application for renewal. But, the general decision cannot be taken that the applications submitted belatedly for renewal will not be considered. He also relied on a judgment of composite High Court of Judicature at Hyderabad in a case of M.Mallareddy and Others Vs. State of Andhra Pradesh and Others1, wherein this Court held thus:
"A conjoint reading of Section 5(2) of the Act and Rule 8-B of the Rules would clearly show that with the introduction of word "may" an 1 2017(3) ALD 90 3 element of discretion is given to the authorities to reject the application for renewal even if the same is made within the prescribed time along with requisite fees. After the amendment, a discretion is vested with the State Government to grant renewal or refuse it, but the said discretion, which has been given to the State Government to reject the request of renewal, should be within the four corners of the Act and it has to be exercised judicially. Once an application for renewal was made within the period prescribed along with the requisite fee and if the case of the applicant does not fall within any one of the categories enumerated in Section 10 of the Act, the authorities have no option except to renew the request. As referred to earlier, Section 10 of the Act gives power to the Government to remove a person as notary from the register maintained by it under Section 4 of the Act, if his case falls under any of the six grounds referred to in Section 10 of the Act."
Learned Assistant Government Pleader for Stamps & Registration would submit that the respondent authorities will consider the petitioner's application for renewal of his notary certificate as per law, if time is given.
Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel, and on perusal of the record, this Court, in the interests of justice, felt it appropriate to dispose of the writ petition directing the respondents to consider the petitioner's application submitted for renewal of his notary certificate and pass appropriate reasoned order, as per law, within a period of four (4) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. 4
Accordingly, the Writ Petition is disposed of. No order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
___________________________ JUSTICE M.GANGA RAO 09.02.2021 Vjl 5 THE HON'BLE SRI JUSTICE M.GANGA RAO Writ Petition No.2994 of 2021 09-02-2021 Vjl