Gaddam Srinivasa Reddy, vs State Of Andhra Pradesh,
2021 Latest Caselaw 730 AP

Citation : 2021 Latest Caselaw 730 AP
Judgement Date : 9 February, 2021

Andhra Pradesh High Court - Amravati

Gaddam Srinivasa Reddy, vs State Of Andhra Pradesh, on 9 February, 2021

Bench: M.Ganga Rao

        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

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

2017(3) ALD 90

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