REP BY THE SECRETARY v. (BY SRI. H. SHANTHI BHUSHAN., DSG)

MR. A.S. GUPTA AGED ABOUT 74 YEARS S/O LATE S L TALWARIA R/AT NO. 36 & 38, (NEW NO. 29) 3RD "B" CROSS, LAL BHAHADUR NAGAR BANGALORE-560043 (BY SRI. A S GUPTA PARTY IN PERSON) AND: THE SECRETARY MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE AND LEGAL AFFAIRS GOVERNMENT OF INDIA, ROOM NO. 439 "A", "A" WING, 4TH FLOOR, SHASTRI BHAVAN, NEW DELHI-110 001, REP BY THE SECRETARY …PETITIONER (BY SRI. H. SHANTHI BHUSHAN., DSG) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER OF MANDAMUS, IN FORM, A COMMAND DIRECTING, MORE IN THE NATURE OF WRIT OF MANDAMUS, DECLARE THAT ACTION OF THE RESPONDENTS IN NON-COMPLIANCE TO ISSUE A DUPLICATE NOTARIAL LICENSE/ CERTIFICATE IS TOTALLY ARBITRARY/HIGHLY ILLEGAL, UNJUST & UNCONSTITUTIONAL & ALSO IN VIOLATION OF PRINCIPLE OF NATURAL JUSTICE PUBLIC, POLICY & DUTY, CONTRARY TO THE ESTABLISHED RULES OF LAW & CONSEQUENTLY RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8943 WP No. 44515 of 2011 DIRECT THE RESPONDENT TO ISSUE A DUPLICATE NOTARIAL LICENSE CERTIFICATE DULY RENEWED UP-TO DATE AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER

#2. The office has put up a note that Form A and B should be filed in order to obtain Form C. Insofar as the petitioner is concerned, the petitioner though a party in person is an advocate and a notary. In that view of the matter, exercising the inheretnt power vested with this Court, requirement of filling a Form-A and B for issuance of Form-C in terms of the party-in-person rules is waived in so far as the petitioner is concerned.

#3. The petitioner is before this Court seeking for the following reliefs: i. To pass an order of mandamus, in form, a command directing, more in the nature of Writ of Mandamus, declaring the action of the Respondents in non-compliance to issue a duplicate Notarial License/Certificate is totally arbitrary/highly illegal, unjust and unconstitutional and also in violation of principle of natural justice, public policy and duty, contrary to the established rules of law and consequently direct the Respondent to issue a - 3 - NC: 2025:KHC:8943 WP No. 44515 of 2011 Duplicate Notarial License Certificate duly renewed up-to date in the interest of justice and equity. ii. Pass any other and further order/s, as this Hon’ble Court deems fit and proper in the circumstances of the case.

#4. The petitioner had earlier been approved to be appointed as Notary Public, Government of India in the year 1992 in pursuance of which a license No.F.NO.5(7)/92-JUDI was issued to the petitioner. Upon the petitioner filing the annual returns the subsequent renewal was not granted alleging that the petitioner was not notarizing enough number of documents and had notarised only few documents. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. A perusal of the documents indicates that the petitioner has not filed an application for renewal. The Petitioner has only sought for a mandamus, directing and declaring the action of the Respondents in non-compliance to issue a duplicate Notarial License/Certificate is totally arbitrary/highly illegal, unjust and unconstitutional and also in violation of principle of natural justice, public policy and duty,

#6. - 4 - NC: 2025:KHC:8943 WP No. 44515 of 2011 contrary to the established rules of law. The Petitioner has also sought for a direction to the Respondent to issue a Duplicate Notarial License Certificate duly renewed up-to date.

#7. It is for the petitioner to have applied for renewal of his notarial license which then could have been considered by the respondent, without a renewal application being filed the reliefs as sought for cannot be granted.

#8. In that view of the matter, I pass the following; i. ii. ORDER The writ petition is partly allowed. The petitioner is permitted to file an application for renewal of his notarial license which shall be so done within a period of 30 days from today, upon filing of such application respondents are directed to consider the same within period of 30 days thereafter. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 1