A SAMBI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is a practicing lawyer, who was enrolled in the Bar Council of Andhra Pradesh in the year 1984. He submitted an application on 8-9-2000 to the 2nd respondent, the competent authority, for appointment as Notary in respect of Siddardha Nagar area under Notaries Act, 1952 (for short 'the Act') as well as the Notaries Rules, 1956 (for short 'the Rules'). The application was duly processed and the 2nd respondent published a notification dated 30-3-2001 in the A.P. Gazette calling for objections. The notification reads as under: Lr. No.NRI/21479/2000 - Under Rule 4 (1) of the Notaries Rules, 1956, the Commissioner and Inspector General of Registration and Stamps who has been appointed as competent authority to receive application for appointment as Notary has received an application from Sri A. Sambi Reddy, s/o Venkata Reddy, Advocate for appointment as Notary in respect of Sidhartha Nagar in Vengalrao Nagar, Hyderabad. In pursuance of Rules 6 (2)(a) of Notaries Rules, 1956, it is hereby notified for the information of the public that any person or persons having any objections to the appointment of the applicant as a Notary, should represent the same in person or in writing to the undersigned within fourteen days of the publication of this notification in the Official Gazette and file objection if any failing which no object will be considered and the application of Sri A. Sambi Reddy, Advocate will be considered and decided on its merits.

(2.) The 2nd respondent sent a communication dated 26-6-2001 proposing to allow the application of the petitioner for appointment as Notary in respect of Siddardha Nagar area, Vengalrao Nagar, Hyderabad. By Memo No.61833/R & M. 1/ 2000-3 dated 10-7-2001 the same was accepted and the Government passed the following order. With reference to the letter cited, the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad is informed that, his proposal to allow the application of Sri A. Sambi Reddy, Advocate for appointment as Notary in respect of Siddardha Nagar Area in Vengalrao Nagar, Hyderabad city is accepted by the Government, He is therefore requested to take further necessary action in the matter.

(3.) After allowing the application under Rule 8 (4) of the Rules, the appropriate Government is required to appoint the applicant as Notary and also direct that his name be entered in the Register of Notaries maintained under Section 4 of the Act. The petitioner having complied with all the conditions did not receive any communication appointing him and therefore he filed this writ petition praying a Writ of Mandamus to the respondents to enter his name in the register of 'Notaries' and issue a consequential certificate.