KAMESHWAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 14.7.1998, (Annexure-4) whereby petitioner has been found to be not eligible for grant of licence as document writer as also the order dated 28.7.2000, (Annexure- 8) whereby the appeal preferred against the aforesaid order has been dismissed. His further prayer is to quash the notice dated 21.1.1999, (Annexure-7) permitting only the document writer having the licence to function and the order dated 8.11.1987, by which the licence granted to him earlier has been cancelled.

(2.) Short facts giving rise to the present application are that the petitioner was granted the Deed Writer Licence No. 17 of 1985 for the office of the Sub Registrar at Pupri in terms of paragraph 250 of instructions and orders of Registration Department. Petitioner has been working as document writer since the year 1969 in the said office. Later on the said licence granted to the petitioner was cancelled in pursuance of the order of the District Registrar dated 7.11.1987. Notwithstanding the cancellation of licence petitioner continued with the avocation of the document writer and was not at all concerned with it till addition of Section 68-A and 68-B in the Registration Act by Bihar Act, 6 of 1991 Section 68-A of the Act as amended by Bihar Act, 6 of 1991 (hereinafter referred to as the Act) prohibited a person to engage himself in the profession of document writer unless he possesses licence as provided under Section 68-A of the Act. Section 68-B of the Act provides for grant of licence to document writers, same reads as follows :

(3.) In the light of the aforesaid provision notice inviting applications for grant of document writer licence was published and in pursuance thereof petitioner applied for the grant of licence as a document writer inter alia contending that he being practising as document writer since the year 1969, in terms of Section 68-B(2) of the Act, he is entitled to get the licence without appearing in the written test. The candidature of the petitioner besides other persons were considered and 14.7.1998 (Annexure-4) a list was published containing the names of persons who are eligible for grant of licence and those who are not. Name of the petitioner finds place in the list of such persons who are not eligible and it has been stated that his licence has already been cancelled by the order of the District Registrar earlier.