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Patna High CourtCWJC/8829/2018allowed

S. M. Obaidullah v. The State Of Bihar And ORS

2022-08-08Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8829 of 2018 ====================================================== S. M. Obaidullah son of Late Md. Jakaullah resident of Mohalla- Shahsupan National Chauk, P.O.- Lalbag, P.S.- Lalbag, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, Department of Law, Govt. of Bihar, Patna. 3.

The Joint Secretary, Department of Law, Govt. of Bihar, Patna. 4.

The Under Secretary, Department of Law, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-08-2022 Though the present writ petition has been filed for quashing the letter dated 08.03.2018 issued by the respondent no. 4 i.e. the Under Secretary, Department of Law, Government of Bihar, Patna, whereby and whereunder the application filed by the petitioner for issuance of a notary license has been rejected only on the ground that his application has not been counter signed by a Magistrate, nonetheless, the learned counsel for the petitioner has referred to the application filed by the petitioner dated 21.09.2016, which is at page no. 26-28 of the present writ petition, to show that the same is duly counter signed by the Judicial Magistrate, Civil Court, Darbhanga. This contention of the petitioner has not been refuted in the counter affidavit filed on behalf of the respondent-

Patna High Court CWJC No.8829 of 2018(3) dt.08-08-2022 2/2 State.

In such view of the matter, the impugned order dated 08.03.2018 issued by the respondent no. 4 is set aside and the matter is remitted back for reconsideration.

It is directed that appropriate decision be taken afresh within a period of six weeks of receipt/production of a copy of this order.

The writ petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U