HON'BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.1672 of 2021
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Registration and Stamps appearing for respondents.
This writ petition is filed to issue a Writ of Mandamus declaring the action of the respondents in not renewing the Notary license of the petitioner for a period of five years though the petitioner submitted a representation with chalan for Rs.1000/-, when there is a G.O. to condone the delay of four months vide G.O.Ms.No.38 dated 12.02.2020 as illegal, arbitrary and contrary to law and consequently direct the respondents to renew the Notary of the petitioner.
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 issued notary certificate on 18.12.2000 to practicing as on Notary side also. He renewed his notary certificate from time to time. His notary certificate further renewed vide certificate dated 21.12.2013 for a period of five years. The expiry of renewal of notary license is on 26.06.2018. The petitioner submitted application on 09.10.2018 along with chalana for a sum of Rs.1000/- dated 21.09.2018 to the respondents on 09.10.2018. But there is a delay of three months and 13 days with regard to issued date is 26.06.2018. As there is a G.O.Ms.No.38, dated 12.02.2020, decided to condone the delay upto four months in submission of applications for renewal of notary Certificate of Practice, as a one-time measure and not to serve as a precedent, and limit the Notaries up to 1306 i.e., the limit fixed by the Government of India for the State of Andhra Pradesh, the petitioner submitted representation dated 05.01.2021 to the respondents to consider his case for renewal of Notary certificate. The respondents failed to pass any orders, which is illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India. Hence, the present writ petition is filed.
Learned Assistant Government Pleader submits that if a reasonable time is granted, the respondents would consider and pass appropriate orders on the representation of the petitioner as per law.
Having regard to the facts and circumstances of the case, submissions of both the counsel and on perusal of the material record, this Court, in the interests of justice, felt it appropriate to dispose of the writ petition.
Accordingly, the Writ Petition is disposed of directing the respondents to consider the representation of the petitioner with regard to renewal of the notary certificate, objectively, as per law, with reference to the Government Orders, Circular Instructions and judgments governing the field, within a period of four (04) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. If there are any shortcomings, let the petitioner be put on a notice. There shall be no order as to costs.
Pending Interlocutory Applications, if any, shall stand closed.
________________ M. GANGA RAO, J 22.01.2021 Klpd