High Court of DelhiW.P.(C)/906/2016

Balasaheb Tanhaji Thopate v. Union Of India

2016-02-04Hon'Ble Mr. Justice Manmohan3 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 906/2016 BALASAHEB TANHAJI THOPATE ..... Petitioner Through Mr.Chinju Saurabh with Mr.George P.Vazhasseril, Advocates.

versus UNION OF INDIA ..... Respondent Through Mr.Jasmeet Singh, CGSC with Mr.Srivats Kaushal, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 04.02.2016 The present writ petition has been filed with the following prayers:- (i) Direct the respondent to consider and decide the petitioner's renewal application dated 18.8.2015 submitted with respondent on 21/08/2015 for the renewal of his Certificate of Practice as Notary within such period as this Hon'ble Court may deem fit and proper, (ii) Pass such other order/s as this Hon'ble Court may deem fit and proper in the fact and circumstances of the 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 is 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 FEBRUARY 04, 2016 KA