Orissa High Court
Partha Sarathi Das vs State Of Odisha And on 26 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.70 of 2023
Partha Sarathi Das .... Petitioner
Mr. Pravash Chandra Jena
Advocate
-versus-
State of Odisha and .... Opp. Parties
others
Smt. Saswata Patnaik &
Mr. Arupananda Das
Addl. Government Advocate
Mr. Chittaranjan Swain,
Advocate for Notary Public,
Simulia, Balasore
CORAM:
JUSTICE S.K. SAHOO
JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 26.09.2023
04. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Learned counsel for the petitioner seeks
permission to correct the addresses of opposite parties
nos.4 and 5.
Learned counsel for the State has no objection.
Permission is granted.
Let the learned counsel for the petitioner file
fresh cause title giving copy thereof to the learned
counsel for the State.
Smt. Saswata Patnaik and Mr. Arupananda Das,
// 2 //
learned Additional Government Advocates seek some
further time to comply with the order dated
14.09.2023 and submitted that the Inspector in-
charge of Baidyanathpur police station will depute a
responsible lady police officer for recording of the
statement of opposite party no.6, which will be
produced along with the other queries made in that
order on the next date.
Mr. Aswini Kumar Mohanty, the Notary Public,
Simulia, Balasore is present in Court in person as per
the order dated 14.09.2023 and Mr. Chittaranjan
Swain, learned counsel and his associate filed power
on behalf of Mr. Mohanty, which is taken on record.
After going through the affidavit filed by Mr.
Aswini Kumar Mohanty, we find that he has mentioned
that due to ignorance about the case laws and the
judgment of the Hon'ble Supreme Court and this
Court, he had executed the declaration of marriage
document in favour of the executants.
When a query is made to Mr. Aswini Kumar
Mohanty about his enrolment number, he stated that
it is O-805 of 1995 and further stated that he was
practicing in Balasore Court since 1995 and thereafter,
appointed as Notary Public in the year 2012 for five
years and his certificate of practice as Notary was
extended.
Let the Notary Public file further affidavit
annexing the relevant documents regarding his
// 3 //
appointment as Notary and his extension and also the
enrolment certificate and file another affidavit
explaining under what circumstances, he executed the
marriage declaration certificate issued in favour of the
petitioner and the opposite party no.6 and what
documents he had verified to come to the conclusion
that the marriage between the petitioner and the
opposite party no.6 had already been solemnized on
19.04.2023 in presence of their friends, relatives and
well-wishers as has been mentioned in the marriage
declaration certificate.
List this matter on 05.10.2023 on which date,
Mr. Aswini Kumar Mohanty, the Notary Public, Simulia,
Balasore shall remain present personally before this
Court.
The names of Mr. Chittaranjan Swain, learned
counsel and his associate shall be reflected in the
cause list as well as at the top of the brief.
Free copy of this order be handed over to the
learned counsel for the State as well as to Mr. Aswini
Kumar Mohanty.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Signature Not Verified Judge
RKM
Digitally Signed
Signed by: RABINDRA KUMAR MISHRA
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 27-Sep-2023 16:39:39
