Jaya Sanyal v. Union Of India And ANR

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8044/2016 JAYA SANYAL ..... Petitioner Through:

Mr.

S.K.

Bhaduri and Ms.

Kirti Parmar, Advocates

Versus

UNION OF INDIA AND ANR ..... Respondents Through:

Mr. Jasmeet Singh, CGSC with Ms.

Astha Sharma, Adv. for UOI

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 14.09.2016 CM No. 33355/2016 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 8044/2016 Learned counsel for the petitioner has filed the amended memo of parties. The same is taken on record.

The petitioner seeks quashing of letter dated 14.05.2015 and 08.09.2015 whereby the respondents have declined to renew the certificate of practice as Notary of the petitioner on the ground that the renewal application was filed late. It is contended that the renewal application was delayed by 33 days.

Learned counsel for the petitioner submits that the respondents have relied on the Circular dated 03.03.2015 which prescribed a period of six months whereas the application of the petitioner was filed on 24.02.2015 on which date the relevant period for applying for W.P.(C) 8044/2016

renewal was three months. It is contended that the application of the petitioner was not belated on the date when the application was filed. Learned counsel for the petitioner submits that the Notification was not made public till 03.03.2015.

Learned counsel for the petitioner submits that representations have been made on 22.05.2015 as also on 22.04.2016 for condoning the delay on the ground that the petitioner was unwell and the relevant medical record has also been furnished. It is contended that the representation has not been disposed of till date. Reliance is placed on the decision dated 11.09.2015 in W.P.(C) 8503/2015, titled as 'Neelam Sharma Vs. UOI', where a coordinate bench of this Court has directed the respondents to consider the grounds given by the petitioner therein for condoning of delay in applying for renewal and to take a reasoned decision. The present petition is disposed of directing the respondents to consider the representation of the petitioner in accordance with law and to pass a reasoned order thereon. The respondents shall dispose of the representation within a period of three months. The petitioner would be at liberty to avail such remedies as may be available in law in case the petitioner is aggrieved by the decision of the respondents. The petition stands disposed of.

Order dasti under signatures of the Court Master. SANJEEV SACHDEVA, J SEPTEMBER 14, 2016 'rs'

W.P.(C) 8044/2016