TARUN MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions involve a common question of law as regards to petitioners' legal right for renewal of the certificate of practice as a Notary, therefore, the same were heard together and are being disposed of by this common judgment.

(2.) The facts of writ petition No. 10569/09 "Tarun Mehta and Ors. v. State of Rajasthan and Ors." which was taken as a lead case by the learned Counsel for the parties for the purpose of arguments are being taken into consideration.

(3.) The petitioners were appointed as notaries under the provisions of Notaries Act, 1952 (in short "the Act") and the Rules made thereunder namely, Notaries Rules, 1956 (in short "the Rules") by the State Government by a common order dated 14.11.02. The petitioners were authorised to practice as notary in Pali, District Pali for a period of five years from the date of issuance of certificate in this regard. The certificates in terms of Sub-rule (4) of Rule 8 of the Rules were issued in their favour on 26.11.02. Before the expiry of the period fixed in the order dated 14.11.02, the petitioners preferred applications for renewal of their certificates of practice after payment of prescribed fee. The petitioners in the writ petition namely Tarun Mehta, Om Prakash Kachhwaha and Mangi Lal Choudhary applied for renewal on 25.10.07, 3.10.07 and 25.10.07 respectively. On the petitioners submitting the application for renewal as aforesaid, the Deputy Secretary, Law & Parliamentary Affairs Department, Government of Rajasthan requisitioned the report regarding the petitioners working as notaries during the preceding five years vide communication dated 21.8.08 from the District & Sessions Judge, Pali. Pursuant to communication dated 21.8.08, the Chief Judicial Magistrate, Pali called the petitioners for furnishing the relevant record and registers maintained by them for inspection. However, all of a sudden, the petitioners have received the communications dated 29.10.09 intimating that as per the decision taken by the State Government under the provisions of the Act and the Rules as amended , their certificates authorising them to practice as a notary are not renewed and therefore, they may stop working as a notary forthwith under the said certificate of authorisation. Hence, these petitions.