LAWS(PAT)-2007-8-60

ARJUN PRASAD Vs. STATE OF BIHAR

Decided On August 10, 2007
ARJUN PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Counsel for the respondents.

(2.) THE petitioners are Deed Writers granted licence between the years 1981 to 1990.

(3.) SUBMISSION on behalf of the petitioner is that the amended Sections 68 -A and 68 -B remained as dead letters on the statute book in absence of promulgation of the Rules. There was thus no occasion for the petitioners to appear at any examination. In absence of the Rules the statutory provisions could not be given effect to for reasons attributed to the respondents themselves for which the petitioners cannot be penalised. Even after promulgation of the Rule in 1997, the respondents did not provide for holding of an examination for Deed Writers till the year 2000. Therefore, the prohibition for unlicenced Deed Writers shall not apply for those in the vocation ten years prior to the year 2000.