Allowed

A.Vijay Kumar, v. State of Andhra Pradesh

Andhra Pradesh HC16 Dec 2022WP/38178/2016

Case brief

AI extract

What is this about?

This common order dismissed multiple writ petitions challenging the rejection of Notary Certificate renewals. The Court ruled against the State, relying on its prior judgment in W.P. No. 9655 of 2016, setting aside the impugned memo and directing the renewal of certificates as the grant of renewal is a rule and rejection an exception unless adverse reasons exist.

What did the court decide?

The impugned Memo No.31617/Regn.II/A1/2012-4, dated 31.08.2015, was set aside, and the writ petitions were allowed by directing the renewal of the petitioners' Notary Certificates.

A.Vijay Kumar, Vs State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2022)

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HON’BLE SMT. JUSTICE V. SUJATHA

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WRIT PETITION Nos.38178, 23221, 23595, 36957, 33650, 34063, 34405, 34816, 36948, 27336, 27340, 27824, 30997, 31272, 17267 and 39245 of 2016.

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COMMON ORDER:

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1) W.P. No.38178 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…to issue a Writ of Mandamus or any other appropriate writ or direction declaring the proceedings of the 1^st respondent issued in Memo No.31617/Regn.II/A1/2012-4, dated 31.08.2015 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 2^nd respondent to renew the certificates of the petitioners and pass such other or further orders …”

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2) W.P. No.23221 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…to issue a writ, order or orders more particularly one in the nature of the Writ of Mandamus call for the entire record leading upto impugned orders vide letter No.G3/884/2016, dated 26.04.2016 of 4^th respondent herein refusing the renewal of the petitioner’s Notary Certificate is illegal, arbitrary, contrary to law and law laid down by the Apex courts and set aside the same, further prayed that this Hon’ble Court may be pleased to direct the respondents to renewal the Notary Certificate of the petitioner which is mandatory as per law and pass such other order or orders …”

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3) W.P. No.23595 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…to issue an writ, order or orders more particularly one in the nature of Writ of Mandamus call for the entire record leading upto impugned orders vide letter No.G2/681/2016, dated 05.07.2016 of 3^rd respondent herein refusing the renewal of the petitioner’s Notary Certificate is illegal, arbitrary, contrary to law and law laid down by the Apex courts and set aside the same, further prayed that this Hon’ble Court may be pleased to direct the respondents to renewal the Notary Certificate of the petitioner which is

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mandatory as per law and pass such other order

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or orders …”

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4) W.P. No.36957 of 2016:

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This writ petition is filed under Article 226 of the Constitution

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of India seeking following relief:

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“…to issue a writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 1^st respondent issued in Memo No.31617/Regn.II/A1/2012-4, dated 31.08.2015 as illegal, arbitrary and violative 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 …”

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5) W.P. No.33650 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…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

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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, and pass such other order or orders …”

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6) W.P. No.34063 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…to issue a writ one in the nature of a Writ of a Mandamus or any other appropriate Writ, Direction or Order declaring the proceedings issued by the 1^st respondent issued vide Memo No.31617/Regn.II/A1/2012-4, dated 31.08.2015 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 …”

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7) W.P. No.34405 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…to issue a Writ of Mandamus or any other appropriate Writ or Direction declaring the

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proceedings of the 1^st respondent issued in Memo No.31617/Regn.II/A1/2012-4, dated 31.08.2015 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 pass such other or further orders …”

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8) W.P. No.34816 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…to issue a writ, order or direction more particularly one in the nature o Writ of Mandamus declaring the proceedings of the 1^st respondent issued in Memo No.31617/Regn.II/A1/2012-4, dated 31.08.2015 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 pass such other or further orders …”

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9) W.P. No.36948 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…to issue a writ, one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order declaring the proceedings issued by the 1^st respondent issued vide Memo

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No.31617/Regn.II/A1/2012-4, dt. 31.08.2015 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 …”

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10) W.P. No.27336 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…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 31.08.2015 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 petitioners Certificates of Practice by setting aside the Memo No.31617/Regn.II/A1/2012-4, dated 31.08.2015, and pass such other order or orders …”

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11)

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W.P. No.27340 of 2016:

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This writ petition is filed under Article 226 of the Constitution

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of India seeking following relief:

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“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Memo by the 1^st respondent vide No.31617/Regn.II/A1/2012-4, dt. 31.08.2015 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, and to grant such other relief or reliefs …”

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12) W.P. No.27824 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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petitioner under Articles 14, 19(1)(g) and 21 of the constitution of India and consequently, direct the respondent No.2 to renew the Certificate of Practice of the petitioner by setting aside the Memo No.31617/Regn.II/A1/2012-4, dated 31.08.2015, and pass such other order or orders …”

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13) W.P. No.30997 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…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 the Notaries Act and Rules, consequently, direct the respondent No.2 to renew the application of the petitioners certificate of practice without reference to Memo No.31617/Regn.II/A1/2012-4, dated 31.08.2015, and pass such other order or orders …”

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14) W.P. No.31272 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…to issue a Writ of Mandamus or any other appropriate writ or direction declaring the proceedings of the 1^st respondent issued in Memo No.31617/Regn.II/A1/2012-4, dt. 31.08.2015 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 2^nd respondent to renew the certificates of the petitioners and pass such other…”

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15) W.P. No.17267 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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16) W.P. No.39245 of 2016:

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This writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings issued by the 1^st respondent issued vide No.31617/Regn.II/A1/2012-4, dt. 31.08.2015 as illegal, arbitrary and violative of Article 19(1)(g) of the constitution of India and contrary to the provisions 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…”

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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.

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Today, when these matters 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

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identical case, which was considered before the Hon’ble Rajasthan High Court in Tarun Mehta and others v. State of Rajasthan and

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others¹ , wherein the Court held as under:

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“….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.”

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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 essential to be

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1 AIR 2010 Rajasthan 106

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issued to the aggrieved person for giving him an opportunity to submit explanation.

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In view of the fact that the issue involved in all 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.

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