AYAZ AHMAD KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order will govern the disposal of Writ Petition No. 7328/2008, Writ petition No. 7557/2008, Writ Petition No. 7559/2008, Writ Petition no. 7743/2008, Writ Petition No. 8042/2008, Writ Petition No. 8290/2008, Writ petition No. 8291/2008, Writ Petition No. 9650/2008 and Writ Petition no. 10204/2008. In all these matters a challenge has been raised to the selection and appointment of Notaries in Katni district which includes Katni, dheemarkheda, Bohriband, Rithi, Badwara and Barhi Tehsil.

(2.) FOR convenience facts of W. P. No. 7328/2008 have been noted in this order. Brief facts are that by notification dated 12-10-2007, 11 posts of notary were notified for Katni district which include 4 posts for Katni, 1 for dheemarkheda, 2 for Bohriband, 1 for Rithi, 2 for Badwara and 1 for Barhi. In pursuant to the notification, the State Govt. vide communication dated 31-10-07 wrote to the respondent No. 4 requesting him to sent a panel along with the memorial of eligible local Advocate by taking action under Rules 6 and 7 of the notary Rules, 1956. 77 candidates had filed the applications from Katni, 5 from dheemarkheda, 9 from Bohriband, 10 from Rithi, 14 from Badwara and 9 from barhi. The respondent No. 4 vide communication dated 14-12-2007 addressed to the President/secretary of the District Bar Association, Katni, invited objections by forwarding these names to the Bar Association.

(3.) THE respondent No. 4 thereafter forwarded the list of candidates on 25-1-2008 to the Principal Secretary of the Law and Legislative department of the State Govt. and by the impugned communication dated 9-6-08 the State conveyed it to the respondent No. 4 that names of respondent Nos. 5 to 15 were short listed for appointment as Notary in the aforesaid Tehsils of Katni District and the respondent No. 4 accordingly on 16-6-08 intimated the concerned respondents requiring them to deposit the requisite fee on non-judicial stamp etc. for further action. The petitioners submitted representation and objection dated 26-2- 2008 and 28-2-2008 to the State and thereafter filed the present writ petition challenging the selection of respondent Nos. 5 to 15 as Notary.