KAILASH CHANDRA Vs. DIST REGISTRAR REGISTRATION DEPARTMENT AGRA

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution filed on behalf of four persons, Kailash Chandra, Ansar Husain, Alauddin Khan and Ram Narain, all of whom claimed to be deed writers. They were practising in the registration office at Firozabad district Agra under licences granted to them. The licence of all of them hits been cancelled and, therefore, this writ petition has been filed.

(2.) The right of each petitioner is separate and distinct and is not one. Therefore, a joint petition by four of them is not maintainable, as has been held in Uma Shankar Rai v. Divisional Superintendent, Northern Railway, Lucknow, 1959 All LJ 864 : (AIR 1960 All 366). Learned counsel for the petitioners elects to press this petition on behalf of Ansar Husain and he prays that the names of Kailash Chandra, Alauddin Khan and Ram Narain be deleted from this petition. These persons may be making separate petitions if so advised.

(3.) The petitioner practised as deed-writer for some time and on the 6th of August, 1959, he was informed that his licence was cancelled and he was required to sign on the notice which came from the office of the District Registrar, Agra. No copy of the said notice was handed over to the petitioner. The petitioner was kept completely in dark as to why his licence had been cancelled. The petitioner claimed that he was entitled to a show cause notice and in any event the order of the District Registrar should have given good reasons for cancelling the licence as required by Rule 9 of the general notification. Licences are granted to the deed-writers under Notification No. 182/141-1926 dated 25th May 1928 which gives the power to the District Registrar to fix the number of the deed-writers and it is he who has to issue licences. Licence has not to be given to a deed-writer unless it is found that he is of good character, that he can draw up a clear and straightforward deed; that his handwriting is legible and that he has a fair knowledge of law relating to stamp and registration. Under Rule 9 of the same Notification permission to practise as a deed-writer could be cancelled by the District Registrar if the deed-writer (a) has not paid quarterly fees, (b) has failed to attend office regularly without the permission of the District Registrar, (c) has become a tout as defined In the Legal Practitioners Act or has accepted the membership of a pleader, (d) has been found guilty of abetment of or participation in any illegal transaction or unfair dealings by the office staff, (e) is guilty of disobedience of a lawful order, or (f) for any other good cause to be recorded by the District Registrar.