MANMOHAN SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner was appointed as Public Notary for Tehsil Laksar, District Haridwar for a period of five years vide the Notary Certificate of Practice dtd. 25/1/2005, which was renewed from time to time. He applied for renewal of his Certificate of Practice in accordance with the provisions contained under the Notaries Act, 1952 and the Notaries Rules, 1956. He deposited the prescribed fee. The District and Sessions Judge, Haridwar had forwarded his recommendation for renewal of Notary Certificate of Practice of the petitioner. The petitionerapplication for renewal of the Notary Certificate of Practice has been rejected vide impugned order dtd. 6/12/2024. As per the impugned order dtd. 6/12/2024, it is not binding to renew the Notary Certificate of Practice. Therefore, the application for renewal of the Notary Certificate of Practice of the petitioner has been rejected in view of giving opportunity to a new worthy energetic person.

(2.) Heard Mr. Mohd. Alauddin, learned counsel for the petitioner and Mr. Suyash Pant, learned Standing Counsel for the respondents.

(3.) Mr. Mohd. Alauddin, Advocate, has cont ended that an advocate cannot be held unworthy of being appointed as a Notary. The application for renewal of the petitionercertificate cannot be rejected in an arbitrary manner. He relies upon a judgment rendered by the Division Bench of this Court in Special Appeal No. 616 of 2019 and the judgment dtd. 16/7/2024, passed by the co-ordinate Bench of this Court in WPMS No. 1874 of 2024.