Sri Korukonda Rajarama Mohan vs State Of Andhra Pradesh
2021 Latest Caselaw 363 AP

                 HON'BLE SRI JUSTICE M. GANGA RAO

                     Writ Petition No.714 of 2021

ORDER:

Heard learned counsel for the petitioner and learned Assistant

Government Pleader for Registration and Stamps appearing for

respondents. With their consent, the writ petition is taken up for

hearing and disposal at the admission stage.

This writ petition is filed to issue a Writ of Mandamus declaring

the action of the respondents in not renewing the Notary of the

petitioner as illegal, arbitrary and contrary to law and consequently

direct the respondents to renew the Notary of the petitioner by

considering the representation dated 28.09.2020.

It is the case of the petitioner that he is a practicing advocate at

Eluru. He was appointed as a Notary for Jangareddigudem area in West

Godavari District vide G.O.Ms.No.124, Revenue (Regn. II) Department,

dated 20.02.1997, for a period of five years, and he was accordingly

issued a Notary certificate. Later, his area of practice extended to

Agraharam area, Eluru Town in West Godavari District, in addition to the

area of practice of Jangareddigudem by issuing certificate of practice

(Revised) by virtue of G.O.Ms.No.767, Revenue (Regn.II) Department,

dated 06.10.1998. The respondents also granted renewal certificates

from time to time till 05.10.2016. On 09.08.2016, he submitted

application to the respondents, duly paying renewal fee by way of

challan, to renew his certificate of Notary. However, the name of the

petitioner is not mentioned in the renewal list of Notaries. Therefore,

the petitioner made a representation to the 4th respondent on

28.09.2020 to consider his case for renewal of Notary certificate. Though the respondents, having received the representation, 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, with reference to the

Government Orders, Circular Instructions and judgments governing the

field as expeditiously as possible, preferably 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. If there are any shortcomings for renewal of

petitioner's notary certificate, 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 25th January, 2021 anr HON'BLE SRI JUSTICE M. GANGA RAO

Writ Petition No.714 of 2021

25.01.2021

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