High Court of DelhiW.P.(C)/5288/2016

Rajeev Kumar Sharma v. Union Of India Through The Secretary

2016-05-31Hon'Ble Mr. Justice V.K. Shali3 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5288/2016 & CM Appls. 22123-22124/2016 RAJEEV KUMAR SHARMA ..... Petitioner Through: Mr. Rahul Sharma, Adv. with Mr. Ankit Roy, Adv. with Adv. Jyoti Dutt Sharma versus UNION OF INDIA THROUGH THE SECRETARY ..... Respondent Through: Ms. Astha Sharma, Adv. for Mr. Jasmeet Singh, CGSC, UOI

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 31.05.2016 The present writ petition has been filed challenging the order dated 29th March, 2016 issued by respondent whereby petitioner's application for renewal of the certificate of practice as Notary was refused on the ground that petitioner had not applied for renewal within a period of six months of expiry of validity of the certificate. Petitioner also prays for a direction to respondent to pass a fresh order on merits on the application dated 9th July, 2015. Learned counsel for petitioner states that on 9th July, 2015 petitioner filed an application for renewal of certificate of practice as Notary. He further states that the reason for the delay in filing the application for renewal was due to social and family reasons. Learned counsel for the petitioner states that the controversy in

the present petition is covered by a judgment and order passed by this Court in Neelam Sharma Vs. Union of India, 2015 LawSuit (Del) 4230.

Learned counsel for respondent admits the fact that the present matter is covered by the aforesaid judgment and order. Consequently, it is deemed appropriate to dispose of this petition with a direction to the respondent to consider the application of the petitioner for renewal of licence, after considering the reasons given by the petitioner for the delay in applying for renewal as also the reasons / grounds, if any for otherwise denying the renewal to the petitioner.

Accordingly, the petition and applications are disposed of with the following directions:

(i) The petitioner, if so desire, 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 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.

Order dasti.

MANMOHAN, J MAY 31, 2016 NG