Ram Vitthal Pachpute v. The Union Of India Through Its Secretary/ Competent Authority Notary And Another

1 wp 10183.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10183 OF 2021 Ram Vitthal Pachpute .. Petitioner

Versus

The Union of India and another .. Respondents Shri Shyam C. Arora, Advocate for the Petitioner. Shri A. G. Talhar, A.S.G. for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

29TH SEPTEMBER, 2021.

FINAL ORDER :

.

Mr. Arora, the learned counsel for the petitioner submits that, no cognizance has been taken of the complaint filed by the petitioner. The petitioner has filed complaint before the District Judge against the notary. The District Judge in turn forwarded the complaint to the respondent No. 2, but no cognizance has been taken.

2.

Mr. Talhar, the learned A. S. G. appears for respondent Nos. 1 and 2 and submits that, if the petitioner has grievance against notary, the petitioner has to file complaint to the appropriate Government as contemplated under Rule 13 of the Notaries Rules, 1956.

3.

In the present case, we do not find that the complaint has

2 wp 10183.21 been made to the appropriate Government by the petitioner as contemplated under Rule 13 of the Notaries Rules, 1956. Under Rule 13 of the Notaries Rules, an enquiry may be initiated suo motu by the appropriate Government or under complaint received in Form XIII.

4.

In view of that, it is for the petitioner to move the appropriate Government with a complaint in Form XIII, thereafter, it is for the appropriate Government to take cognizance of the same.

5.

With these observations, the writ petition is disposed of. No costs. The petitioner may move the appropriate Government as per Rule 13 of the Notaries Rules.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Sept.21