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Calcutta High CourtWPA/5198/2024disposed

Pradip Kumar Datta v. Union Of India And ORS.

2025-03-21Hon'Ble Justice Amrita Sinha2 pages

21-03-2025 Item No.18 Court no. 14 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction AGM Appellate Side WPA No. 5198 of 2024 Pradip Kumar Datta -vsThe Union of India & Ors.

Ms. Arunima Lala.

Mr. Diptomoy Talukdar.

Mr. D. Ghosh.

...for the petitioner.

Mr. Kumar Jyoti Tewari. Sr. Adv.

Ms. Amrita Tewary.

Mr. Ghanshyam Pandey.

... For the respondents.

1. The petitioner is aggrieved by the order dated 31st December, 2018 passed by DLA & CA, Department of Legal Affairs (Notary Cell) whereby the prayer of the petitioner for renewal of certificate of practice as Notary could not be extended and stood rejected.

2. It appears that the consideration of the petitioner's application for renewal was allegedly in accordance with the direction passed by the Court on 26th June 2018 in WP 8447 (W) of 2018.

3. The Court specifically directed the authority to consider the petitioner's representation upon granting an opportunity of hearing to the petitioner.

4. It has not been disputed by the learned advocate for the respondents that the order impugned was passed without affording an opportunity of hearing to the petitioner.

5. Accordingly, without going into the merits of the

impugned order as it prima facie appears that the same was passed contrary to the direction passed by the Court, accordingly, the same stands set aside.

6. Respondent no. 5, the Section Officer (N.C.), Ministry of Law & Justice Department of Legal Affairs is directed to act strictly in accordance with the direction passed by the Court on 26th June, 2018 in WP 8447 (W) of 2018 at the earliest but positively within a period of six weeks from the date of communication of this order.

7. The writ petition stands disposed of.

8. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

[Amrita Sinha, J]