In the High Court of Judicature for Rajasthan Jaipur Bench **
1-Civil Writ Petition No.3496/2010
Rajendra Kr. Mishra Versus State & Ors.
2-Civil Writ Petition No.14897/2009
Mohd. Iqbal Versus State & Ors.
3-Civil Writ Petition No.16137/2009
Jagdish Pd. Verma Versus State & Ors.
4-Civil Writ Petition No.3/2010
Kanti C.Natani Versus State & Ors.
5-Civil Writ Petition No.202/2010
Tara C.Sharma Versus State & Ors.
6-Civil Writ Petition No.290/2010
Narsi S.Acharya Versus State & Ors.
7-Civil Writ Petition No.452/2010
Shri Chand Gupta Versus State & Ors.
8-Civil Writ Petition No.562/2010
Ajit Kr Bhargava Versus State & Ors.
9-Civil Writ Petition No.670/2010
Amar S.Parmar Versus State & Ors.
10-Civil Writ Petition No.1067/2010
Sahab Singh Sinsinwar Versus State & Ors.
11-Civil Writ Petition No.3495/2010
Vishambhar Dayal Mangal Versus State & Ors.
12-Civil Writ Petition No.3511/2010
Smt. Indra Bansal Versus State & Ors.
13-Civil Writ Petition No.3512/2010
Vishnu Gupta Versus State & Ors.
14-Civil Writ Petition No.3741/2010
Shiv Charan L Pareek Versus State & Ors.
15-Civil Writ Petition No.4159/2010
Fateh S. Meratwal Versus State & Ors.
16-Civil Writ Petition No.4191/2010
Shyam L.Sabhnani Versus State & Ors.
17-Civil Writ Petition No.4698/2010
Shakti S.Rathore Versus State & Ors.
Date of Order ::: 21/05/2010
Hon’ble Mr. Justice Ajay Rastogi
Sarva Shri JP Goyal, Ajay Gupta, Rajnish Gupta, Anoop Dhand,
Jai Prakash Gupta, Sanjay Sharma, Sandeep Sharma,
HS Bikarwar, Gajendra Singh, NCSharma for Mr. Suresh Pareek,
DD Khandelwal, & Nawal S.Sikarwar, for Petitioners :
Mr. NA Naqvi , Addl. Adv. General for respondents State
Since all these petitions involve common question, hence at joint request, were heard together and are being disposed of by present order.
Grievance of the petitioners is that that petitioners on being qualified were appointed as Notary under the Notaries Act, 1952 but their applications for renewal of certificates of practice as Notary have been rejected without assigning reasons by a non-speaking orders.
Counsel jointly submit that the issue raised in instant petitions has been examined in two separate bunch of petitions (1) by co-ordinate Bench of this Court vide judgment dt.18/12/2009 in Smt. Asha Bhansali & Ors. Vs. State (CWP-15119/2009 & 61 cognate cases) and (2) at principal seat Jodhpur vide judgment dt.22/02/2010 (Per Hon. Mr. Sangeet Lodha, J.) in Tarun Mehta & Ors Vs. State (CWP-10569/2009 & 78 cognate cases) operative part whereof runs ad infra:
In the result, the writ petitions succeed, the same are hereby allowed. The impugned decision of the State Government rejecting the applications of the petitioners for renewal of their certificates of authorisation to practice as a Notary and directing them to stop working as Notary are quashed and set aside. The State Government is directed to consider and decide the applications for renewal preferred by the petitioners on merits afresh, keeping in view the position of law discussed above, within a period of three months from the date of this order. It is made clear that if the State Government proposes to reject the applications of any of the applicants for renewal of their certificates of authorisation then, no such order shall be passed by the State Government without giving an opportunity of hearing to such applicants. No order as to costs.
It has been informed special appeals have been preferred by the State against both the judgments (supra). But this fact could not have been controverted by Government Counsel that the petitions relate to rejection of applications of petitioners for renewal of certificates of practice as Notary. As regards judgments (supra), it has not been disputed by Government Counsel about controversy being decided by the Court.
Individual merit of writ petitioners has not been examined by this Court. In the light of what has been observed (supra) vide judgment dt.22/02/2010 in Tarun Mehta & Ors Vs. State (CWP-10569/2009 & 78 cognate cases), instant writ petitions stand allowed; and the orders impugned herein passed by respondents while rejecting applications of petitioners for renewal of their certificates of authorization to practice as a Notary & directing them to stop working as Notary are quashed & set aside and the State Government is directed to proceed afresh in the light of judgment dt.22/02/2010 (supra). No costs.
(Ajay Rastogi), J.
K.Khatri/p3/
3496CW2010May21Dsp-Notary2nd-lot.doc