ASHOK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 24-11-2009 (Annexure 5 to the petition). The petitioner has further sought a writ of mandamus directing the respondents to condone the delay in filing the application for renewal of the notary licence of the petitioner as has been provided under the Notary Rules 1956.

(3.) According to the petitioner, on 19-10-2004 he was appointed as Notary for a period of five years and the licence of notary was to expire on 18-10-2009. On 26-9-2009, the petitioner applied for renewal of the licence for a further period of five years along with necessary documents through the District Judge Haridwar. However, the respondent no. 1 informed the petitioner that there was delay of 70 days in making the application for renewal and the delay was not explained, hence the petitioner was asked to explain the delay. The petitioner by his letter dated 21-10- 2009 submitted to the respondent no. 1 that the petitioner had no knowledge of the amendment in Rule 8(b) of the Notary Rules that application for renewal was to be sought three months prior to the date of expiry of the licence and the delay was not deliberate on his part. He requested to relax the condition and to renew the notary licnece of the petitioner.