N.V.B.L Achary, vs State Of Andhra Pradesh
2021 Latest Caselaw 815 AP

Citation : 2021 Latest Caselaw 815 AP
Judgement Date : 12 February, 2021

Andhra Pradesh High Court - Amravati

N.V.B.L Achary, vs State Of Andhra Pradesh on 12 February, 2021

Bench: M.Ganga Rao

      THE HON'BLE SRI JUSTICE M.GANGA RAO

               Writ Petition No.3494 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 Certificate of Practice as illegal, arbitrary

and contrary to the provisions of the Notaries Act, 1952, and

consequently to direct the respondents to renew the

petitioner's notary certificate according to G.O.Ms.No.38,

Revenue (Regn.II), dated 12.02.2020, issued by the 1st

respondent.

2. The case of the petitioner is that he got enrolled as

advocate in the Bar Council of the State of Andhra Pradesh

on 30.11.1994 with enrolment No.AP/2395/1994 and

practicing as advocate. Subsequently, on his application, on

being found eligible, the respondents issued notary certificate

on 19.04.2011 to practicing as on Notary side also for a

period of five years i.e., from 19.04.2011 to 18.04.2016. The

expiry of his notary license is on 18.04.2016. After completion

of his notary period, he made application for renewal on

09.08.2016 along with challan No.17398 for a sum of

Rs.1,000/- dated 03.08.2016 to the respondents. But, there

is a delay of three months and twenty days with regard to

issued date is 19.04.2011. Recently, the Government issued

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. As per G.O.Ms.No.38,

dated 12.02.2020, the petitioner submitted representation to

the respondents, but he has not considered the same till date.

Assailing the said inaction of the respondents, the present

writ petition is filed.

3. 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 application submitted belatedly for renewal will not be

considered. There is no justification on the part of the

respondents in issuing the impugned Memo and by reason of

issuing the said memo, some of the notaries have not

submitted their applications within time for renewal of

practice. The right of the petitioner to practice as a notary is

also lost. Further, the petitioner is entitled for renewal as per

G.O.Ms.No.38 dated 12.02.2020 as his application is

submitted with a delay of below four months for renewal of

his notary certificate. 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 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."

4. 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.

5. 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

2017(3) ALD 90

justice, felt it appropriate to dispose of the writ petition

directing the 2nd respondent to consider the petitioner's

application submitted for renewal of his notary certificate as

per G.O.Ms.No.38 dated 12.02.2020 and renew his Notary