- (1.) Jawahar Lal Misra has filed this petition to seek issuance of a writ in the nature of certiorari quashing order Annexure-1 passed by respondent no.1, State of U.P. through Principal Secretary/Law and Justice,Uttar Pradesh Secretariat, Lucknow. While exercising powers under Section 10 of The Notaries Act, 1952 (for short 'Notaries Act'), the petitioner has been removed from the register of notaries maintained under Section 4 of the said Act vide the impugned order dated 23.8.2004. Initial part of the impugned order stipulates that the petitioner had failed to maintain the notary registry in accordance with rules and has certified certain documents which are required to be registered under Section 17 of the Indian Stamp Act 1899, therefore, his renewal of notary certificate has been refused.
(2.) The facts of the case are not disputed viz. the petitioner was eligible to be appointed public notary under the Notaries Act and was appointed as such vide notification dated 25.4.2000 for a period of five years. Accordingly name of the petitioner was enrolled in the register maintained with the government under Section 4 of Notaries Act. The petitioner was issued a certificate to practice notary at Tehsil Leharpur, District Sitapur. The other facts pleaded in the petition are not relevant, in peculiar facts and circumstances of the case. What is required to be noticed is that a notice was issued to the petitioner vide Annexure-4 dated 20.8.2003 indicating certain lapses in the working of the petitioner as notary public. The petitioner responded to the notice vide reply Annexure-5 dated 10.9.2003. The allegations made against the petitioner were apparently denied and explanation has been furnished. It is the admitted position that thereafter impugned order has been passed vide Annexure-1.
(3.) The contention of learned counsel, as specifically pleaded in para 25 of the petition, is that the respondents did not follow the procedure prescribed under Rule 13 of the Notaries Rules 1956 (for short 'notaries rules') which has caused prejudice to the petitioner. It has been pleaded that mandatory provisions of the Act and Rules have not been followed and, therefore, the impugned order (Annexure-1) is rendered illegal and liable to be quashed.;