LAWS(GJH)-2017-3-54

HARDASBHAI NATHABHAI MAHIDA Vs. STATE OF GUJARAT

Decided On March 02, 2017
Hardasbhai Nathabhai Mahida Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By the present petition under Articles 226 and 227 of the Constitution, the petitioner has challenged the order dated 05.06.2014 passed by respondent no.2 cancelling the certificate of the petitioner to practise as Notary and debarring him from practicing as Notary.

(2.) It appears that in connection with the complaint filed by one Shri Bhikhabhai Jinabhai Makwana - respondent no.3 in Form No.13 under the Notary Act, 1952 ("the Act"), the petitioner was issued notice dated 18.04.2013 calling upon him to explain on false affidavit made on 30.12009 as the complainant stated that he had not made any affirmation before the Notary, nor purchased any stamp nor even signed on affidavit and that he had also not signed in the register of the Notary nor even done any kabulatnama before the Notary. The petitioner submitted his reply dated 07.05.2013 to the said notice. It also appears that the complainant lodged the FIR being C.R. No.I-22/2011 on 26.07.2011 with Maliya-Hatina Police Station, Junagadh for the offences under Sections 177, 181, 198, 199, 200, 404, 406, 418, 424, 465, 468, 471, 474, 114 and 120(B) of the Indian Penal Code against Jayantibhai Ukabhai Makwana and Amarben Ukabhai Makwana alleging making of false affidavits to get the entries certified in the revenue record.

(3.) As observed in the impugned order at Annexure - G, inquiry into allegations was handed over to the competent authority as per Rule 13(6) of the Notaries Rules, 1956 ("the Rules") and, thereafter, the impugned order came to be passed.