Lad Narayan Chandrakant v. Union Of India

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 568/2016 LAD NARAYAN CHANDRAKANT ..... Petitioner Through: Mr. Saurabh Bhargavan, Adv. with Ms. Surekha Bhargavan, Adv.

versus UNION OF INDIA ..... Respondent Through: Mr. Jasmeet Singh, CGSC with Ms.

Astha Sharma and Mr. Srivats Kaushal, Advs.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 25.01.2016 The present writ petition has been filed seeking a direction to the respondent to consider the petitioner's application dated 20th March, 2015 for renewal of his certificate of practice as a Notary within a time-frame.

Learned counsel for the petitioner states that in response to the petitioner's renewal application, the respondent issued a letter dated 15th July, 2015 asking the reasons for delay of 26 days in accordance with the Rule 8B of the Notaries Rules, 1956 in submitting the renewal application.

Learned counsel for the petitioner further states that he replied to the aforesaid letter stating that the petitioner posted his application

on 21st March, 2015 and delay of 26 days was caused by the postal department.

Learned counsel for petitioner also states that the notary certificate has expired on 21st September, 2015 and the respondent has not renewed his certificate till date causing him great anguish as being a Notary is his main source of income.

Mr. Jasmeet Singh, learned counsel for the respondent states that the directions passed by this Court in Neelam Sharma v. Union of India, 2015 LawSuit(Del) 4230 can also be passed in the present case.

Learned counsel for the petitioner has no objection to the same. Consequently, the present writ petition is disposed of with the following directions:- (i) The petitioner, if so desire, may within ten 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 condonation 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) Needless to state that if the petitioner remains aggrieved, shall have his remedies.

MANMOHAN, J JANUARY 25, 2016 NG