Shankar Bandu Savekar v. Union Of India

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 425/2016 & C.M.No.1722/2016 SHANKAR BANDU SAVEKAR ..... Petitioner Through Mr.Thakur Sumit, Advocate.

versus UNION OF INDIA ..... Respondent Through Mr.Jasmeet Singh, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 18.01.2016 The present writ petition has been filed with the following prayers:- (i) Condone the delay of 201 days in submitting the application dated 09.06.2015 (Annexure P-1) seeking renewal of Certificate of Practice as Notary;

(ii) Pass appropriate order(s) on merits on the Application dated 09.06.2015 (Annexure P-1), submitted by the petitioner seeking renewal of Certificate of Practice as Notary, in accordance with law within the fixed time frame; (iii) Allow to the petitioner to submit additional documents/affidavit in support of his case and further, grant the petitioner an opportunity of being heard prior to his application seeking renewal of Certificate of Practice as Notary is decided; (iv) Produce the complete record pertaining to the case of the petitioner; and (v) Pass such other order(s), which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case"

Learned counsel for the petitioner also draws the attention of

this Court to an order passed by a coordinate bench of this Court in W.P.(C) No.11388/2015 on 8th December, 2015.

However, learned standing counsel for the respondent states that the present case is not similar to the one dealt with by this Court in W.P.(C) No.11388/2015, inasmuch as, the present case is not of renewal but of fresh registration. Learned counsel for the petitioner controverts the said fact.

However, this Court is of the opinion that, as the petitioner's representation is still pending, the respondent must dispose of the same by way of a speaking order.

Consequently, the present writ petition and the application are disposed of with the following directions:- (i) The petitioner, if so desires, may within 10 days hereof submit more particulars/documents in support of his explanation for the delay in applying for renewal.

(ii) The respondent shall thereafter, within six weeks of the receipt of such further documents from the petitioner, consider the grounds given by the petitioner for codonation of delay in applying for renewal and shall take a reasoned decision thereon.

(iii) The respondent, if of the opinion that the petitioner is to be denied the renewal for any other reason, would, after notifying the petitioner of the said reason and after giving the petitioner an opportunity of being heard thereon within the subject period of six weeks, shall pass a reasoned order within a period of three months from today.

(iv) Needles to state that if the petitioner remains aggrieved, shall have his remedies.

Copy of order be given Dasti under the signatures of the Court Master.

MANMOHAN, J JANUARY 18, 2016 KA