Andhra Pradesh High Court - Amravati
Karredla Venkata Ramayya, vs The State Of A.P. on 15 December, 2022
Bench: V.Sujatha
HON'BLE SMT. JUSTICE V. SUJATHA
WRIT PETITION NOs.13837, 28973, 29922, 30063, 30496,
30592, 30622, 23387, 31025, 31969, 32139, 32775, 35898,
37377 & 13376 of 2016.
COMMON ORDER:
W.P. No.13837 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue writ or direction more particularly
one in the nature of writ of mandamus, declaring
the action of the respondents No.1 and 2 in
issuing Memo No.31617/Regn.II/A1/2012-4, dt.
31.08.2015, issued by the respondent No.1 and
Memo No.NR/3567/2015, dt. 15.09.2015, by the
respondent No.2 as illegal, arbitrary and
violative of Article 19(1)(g) of the constitution of
India and contrary to the provision of Notaries
Act and Rules in the interest of justice..."
W.P. No.28973 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue an order, direction or writ more
particularly one in the nature of Writ of
Mandamus, declaring the inaction of the
respondents particularly the 4th respondent in
not renewing the petitioners Notary certificate
pursuant to his application dated 02.04.2016,
as arbitrary, illegal, contrary to law and law
laid down by the Apex court and consequently to
direct the respondents to renew the Notary
Certificate of the petitioner which is mandatory
as per law and to pass..."
W.P. No.29922 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue a writ of mandamus or any other
appropriate writ or direction declaring the
proceedings of the 1st respondent issued in Memo
No.31617/Regn.II/A1/2012-4, dt. 31.8.2015 as
illegal, arbitrary and violative of Article 19(1)(g)
of the Constitution of India and contrary to the
provision of Notaries Act and Rules..."
W.P. No.30063 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue an order, direction or writ more
particularly one in the nature of Writ of
Mandamus, declaring the inaction of the
respondents particularly the 4th respondent in
not renewing the petitioners Notary certificate
pursuant to his application dated 18.7.2016 as
arbitrary, illegal, contrary to law and law laid
down by the Apex court and consequently to
direct the respondents to renew the Notary
Certificate of the petitioner which is mandatory
as per law..."
W.P. No.30496 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...issue a Writ, Order or Direction more
particularly one in the nature of a Writ of
MANDAMUS, declaring the proceedings in Memo
No.31617/Regn.II/A1/2012-4 dated 31.08.2015
issued by the respondent No.1 as illegal,
arbitrary and in violation of Article 19(1)(g) of
the Constitution of India and contrary to the
provisions of Notaries Act and Rules and pass
such other order or orders as this Hon'ble Court
may deem fit and proper in the interest of
justice..."
W.P. No.30592 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue an appropriate writ, order or
direction more particularly one in the nature of
Writ of Mandamus declaring Memo
No.31617/Regn.II/A1/2012-4, dated 31.8.2015,
issued by the respondent No.1 as arbitrary,
illegal and contrary to the provisions of the
Notaries Act, 1952 and the Notaries Rules, 1956
and violative of the fundamental rights
guaranteed to the petitioners under Articles 14,
19(1)(g) and 21 of the Constitution of India and
consequently direct the respondent No.2 to
renew the Certificates of Practice of the
petitioners by setting aside the Memo
No.31617/Regn.II/A1/2012-4 dated 31.8.2015
and pass..."
W.P. No.30622 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...issue a Writ, One in the nature of a Writ of
Mandamus or any other appropriate Wirt,
Direction or Order declaring the proceedings
issued by the 1st respondent issued vide
Memo No.31617/Regn.II/A1/2012-4 dt 31.8.2015
as illegal, arbitrary and violative of Article
19(1)(g) of the Constitution of India and contrary
to the provision of Notaries Act and Rules and
consequently set aside the same by directing the
respondents to renew the notary license of the
petitioner and pass such other order or orders
as are deemed fit and proper..."
W.P. No.23387 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue a Writ, One in the nature of a Writ of
Mandamus or any other appropriate Wirt,
Direction or Order declaring the proceedings
issued by the 1st respondent issued vide Memo
No.31617/Regn.II/A1/2012-4 dt. 31.8.2015 as
illegal, arbitrary and violative of Article 19(1)(g)
of the Constitution of India and contrary to the
provision of Notaries Act and Rules and
consequently set aside the same by directing the
respondents to renew the notary license of the
petitioner..."
W.P. No.31025 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue a writ of mandamus or any other
appropriate writ or direction declaring the
inaction of the respondents particularly the 2nd
respondent in not renewing the petitioners
Notary certificate pursuant to his application
along with chalan dated 10.06.2016 as
arbitrary, illegal, contrary to law and law laid
down by the Apex Court and consequently to
direct the respondents to renew the Notary
certificate of the petitioner which is mandatory
as per law..."
W.P. No.31969 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue an order, direction or writ more
particularly one in the nature of Writ of
Mandamus, declaring the inaction of the
respondents particularly the 4th respondent in
not renewing the petitioner's Notary certificate
pursuant to his application dated 16.7.2016 as
arbitrary, illegal, contrary to law and law laid
down by the Apex court and consequently to
direct the respondents to renew the Notary
Certificate of the petitioner which is mandatory
as per law and to pass..."
W.P. No.32139 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue an appropriate Writ, Order or
Direction more particularly one in the nature of
Writ of Mandamus, declaring the impugned
Memo by the 1st respondent vide
No.31617/Regn.II/A1/2012-4 dt.31.8.2015,
refusing to renew the Notary as being illegal,
arbitrary, contrary to the provisions of Notaries
Act and rules and in violation of Article 19(1)(g)
of the Constitution of India and consequently set
aside the same by directing the respondents to
renew the notary license of the petitioner..."
W.P. No.32775 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue a writ of mandamus or any other
appropriate writ or direction declaring the
proceedings of the 1st respondent issued in
Memo No.31617/Regn.II/Al/2012-4, dt. 31.8.2015
as illegal, arbitrary and violative of Article
19(1)(g) of the Constitution of India and contrary
to the provision of Notaries Act and Rules and
consequently direct the 2nd respondent to renew
the certificates of the petitioners and pass..."
W.P. No.35898 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue a Writ, Order or direction more
particularly one in the nature of Writ of
Mandamus, declaring the action of the
Respondent No.1 issued in memo
No.31617/Regn.II/A1/2012-4 dated 31.08.2015,
as illegal, arbitrary and violation of Article
19(1)(g) of the Constitution of India and Contrary
to the Provision of Notaries Act and Rules,
consequently, direct the Respondent No.2 to
renew the application of the petitioner
certificate of practice without reference to
Memo No.31617/Regn.II/A1/2012-4, dated
31.08.2015..."
W.P. No.37377 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue a writ of Mandamus or any other
appropriate Writ or direction declaring the
proceedings of the 1st Respondent issued
in Memo No.31617/Regn.II/A1/2012-4,
dt. 31.08.2015, as illegal, arbitrary and
violation of Article 19(1)(g) of the Constitution of
India and contrary to the provision of Notaries
Act and Rules and pass such other or further
orders as the Hon'ble Court feels deem fit and
proper in the facts and circumstances of the
case..."
W.P. No.13376 of 2016:
This writ petition is filed under Article 226 of the
Constitution of India seeking following relief:
"...to issue a writ, Order or orders more
particularly in the nature of the Writ of
Mandamus, call for the entire record leading
upto impugned orders vide letter
No.G2/228/2016 dated 11.04.2016 of the 3rd
Respondent herein refusing the 1st renewal of
the petitioners Notary Certificate is arbitray,
contrary to law and law laid down by the apex
court and further prayed that this Hon'ble court
may be pleased to direct the respondents to
renewal the Notary Certificate of the petitioner
as 1st renewal which is mandatory as per law
being 1st renewal..."
As the issue involved in all these cases is challenging the
Memo No.31617/Regn.II/A1/2012-4, dated 31.08.2015, basing on
which the applications for renewal to practice as notary was
rejected by the Chief Secretary to Government, the said writ
petitions are decided by way of a common order.
2. Today, when the matter came up for hearing, learned
Government Pleader for Revenue on instructions submits that all
these cases are related to renewal of petitioner's Notary Certificate
and had produced a copy of this Court's Judgment in W.P.
No.9655 of 2016 and batch, dated 02.12.2016, wherein this Court
under similar circumstances had allowed the writ petition relying
upon identical case, which was considered before the Hon'ble
Rajasthan High Court in Tarun Mehta and others v. State of
Rajasthan and others1, wherein the Court held as under:
"....the entitlement of a person appointed as a
notary public once registered as such was automatic
on making an application and payment of fee. It is true
that after the amendment introduced as aforesaid, a
discretion is vested with the State Government to grant
the renewal or refuse it. But then, such discretion
vested is not absolute and the same has to be
exercised judicially. In considered opinion of this Court,
having regard to the scheme of the act, even after the
amendment introduced as aforesaid, the grant of
renewal of the licence for authorization is a rule and
the rejection an exception. Therefore, ordinarily, if there
is nothing adverse against the person seeking renewal
of the certificate of authorization to practice as notary
then the same would not be refused."
3. From the above, it is clear that until and unless there exists
a valid reason for rejection, the renewal is automatic on making an
application and on payment of fee. Even otherwise, if an
application made for renewal is sought to be rejected, a notice is
AIR 2010 Rajasthan 106
essential to be issued to the aggrieved person for giving him an
opportunity to submit explanation.
4. In view of the fact that the issue involved in these cases is
already decided by this Court in W.P. No.9655 of 2016 and batch
by an order dated 02.12.2016, this Court feels it appropriate to
allow these writ petitions by setting aside the impugned Memo
No.31617/Regn.II/A1/2012-4, dated 31.08.2015, which is the
basis for rejecting the renewal of the Notary Certificate.
5. Accordingly, these writ petitions are allowed. No costs.
As a sequel, Miscellaneous Applications pending, if any, in
these Writ Petitions, shall stand closed.
_________________
V. SUJATHA, J
Date: 15.12.2022
ASH
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION NOs.13837, 28973, 29922, 30063, 30496,
30592, 30622, 23387, 31025, 31969, 32139, 32775, 35898,
37377 & 13376 of 2016.
Date: 15.12.2022
ASH
