TEJRAM RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner is a practicing Advocate. He has been appointed Notary for Janakpur, District Korea and necessary certificate by the Department of Law and Legislative Affairs was issued on 6-10-2008 for a period of five years and upon completion of five years, his certificate was renewed for a further period of five years with effect from 6-10-2013 and thus, it would have expired on 5-10-2018, but meanwhile, an order dated 28-11-2016 was passed holding that the State Government has decided not to renew the Notary certificate of the petitioner and thereafter, order of striking of his name from the register of Notary was passed under Section 10 (d) of the Notaries Act, 1952. Feeling aggrieved against that order, this writ petition under Article 226 of the Constitution of India has been filed.

(2.) Mrs. Meena Shastri, learned counsel appearing for the petitioner, would submit that the order passed by the State Government runs contrary to Rule 13 (4-a) of the Notaries Rules, 1956. Neither opportunity of hearing was granted nor any material was supplied to the petitioner before striking out his name from the register of Notary when he is continuing as Notary for Janakpur. Therefore, the order impugned deserves to be set aside on this count alone.

(3.) Mr. Arun Sao, learned Deputy Advocate General appearing on behalf of the State/respondents No.1 and 2, would submit that a report from the District and Sessions Judge was called and finding the petitioner's work unsatisfactory as he was not found in the working place where he was authorised to work as Notary, and, therefore, strictly in accordance with law, the order impugned has been passed.