- (1.) Heard Shri Umesh Kumar Srivastava, learned counsel appearing for the petitioner and Shri Aatreya Tripathi, learned counsel representing the respondents.
(2.) By instituting these proceedings under Article 226 of the Constitution of India, the petitioner, who at the time of filing of this Writ Petition was aged about 82 years, impeaches an order dated 08.12.2015 passed by the Deputy Legal Advisor and Competent Authority, Ministry of Law & Justice, Department of Legal Affairs, Government of India, whereby the prayer made by the petitioner seeking renewal of Certificate of Practice as Notary has been refused.
(3.) The petitioner was granted Certificate of Practice as Notary under the relevant provisions of the Notaries Act, 1952 and Rules made thereunder on 17.10.1994. The said Certificate of Practice has been renewed from time to time and lastly it was renewed on 17.10.2010 for a further period of five years. Before expiry of the period of renewal of the Certificate of Practice, the petitioner made an application dated 13.07.2015 to the competent authority of the Government of India with the prayer to renew his Certificate of Practice. The said application is available on record as annexure no.3 to the writ petition. On receipt of the said application, the Government of India communicated a letter dated 31.08.2015 to the petitioner requesting him to send certain documents mentioned in the said letter dated 31.08.2015. A perusal of the said letter dated 31.08.2015, which has been annexed as annexxure no.4 to the writ petition, reveals that the only document which was required by the Government of India to be submitted by the petitioner was document containing the reasons for delay in applying for renewal in an affidavit to be attested by the Magistrate, 1st Class. In response to the said communication dated 31.08.2015, the petitioner submitted an application dated 14.09.2015 to the Government of India which was accompanied by an affidavit duly attested by the Additional Chief Judicial Magistrate, Sitapur. The said application and the affidavit are also on record as annexure no.5 to the writ petition. In the affidavit seeking condonation of delay in making application for renewal of Certificate of Practice, it was indicated by the petitioner that his brother-in-law fell ill in the month of April, 2015, who was 82 years of age and was accordingly under treatment of doctors at Lucknow. The petitioner further indicated in the affidavit that it is the petitioner, who was looking after his ailing brother-in-law and in connection therewith he was in Lucknow. Accordingly, the petitioner could not recollect the correct date of his appointment as Notary which caused some delay in making the application seeking renewal of Certificate of Practice.;