MILAP CHANDRA JAIN, J. - (1.) This writ petition has been filed for striking down the words "or oath commissioner" occurring in Rule 23(3), Rajasthan Minor Mineral Concession Rules, 1986, for striking out the words "oath commissioner" occurring in Notification Annexure 1 issued by the Mining Engineer, Bijoliya (Bhilwara) (respondent No. 3) for inviting applications for mining lease and for prohibiting respondents from receiving affidavits not shown and attested by a Notary.
(2.) The case of the petitioner is that the oath commissioners appointed by the Rajasthan High Court Rajasthan Board of Revenue, District and Sessions Judges and Collectors can administer oath to the deponents of the affidavits to be filed in the judicial proceedings, they have no power to administer oath to the deponents of affidavits to be filed in non-judicial proceedings and the Notaries appointed under Section 3, Notaries Act, 1922 are only competent persons to administer oath to the deponents of the affidavits to be filed in non-judicial proceedings. It is also the case of the petitioner that the provisions of Rule 23(3) of the Rajasthan Minor Mineral Concession Rules, 1986 accepting affidavits verified by oath commissioners are against the provisions of the Notaries Act, 1952, requiring that affidavits to be filed in non-judicial proceedings can be verified by a Notary only and accordingly the Notification Annexure 1 issued by the respondent No. 3 requiring filing of affidavits verified by oath commissioners is contrary to law.
(3.) At the commencement of arguments for admission of the writ petition, attention of the learned counsel for the petitioner was invited towards Notification F. 3(40) Jud/ 77 dated 8/11/1977 issued by the Government of Rajasthan in the Judicial Department, Jaipur, published in Rajasthan Gazette Extraordinary dated 15/12/1977, Part I(ka) pages 77 and 78, Volume 29 No. 37. This notification runs as under:- "JUDICIAL DEPARTMENT NOTIFICATION Jaipur, 8/11/1977. No.F. 3(40) Jud/77. - In exercise of the powers conferred under clause (b) of subsection (2) of Section 3 of the Oaths Act (Central Act 44 of 1969), the State Government hereby empowers following to administer oaths and affirmations for the purpose of affidavits to be used in non-judicial proceedings :- (1) Commissioners of Oaths appointed under clause (b) of sub-section (1) of Section 297 of the Code of Criminal Procedure, 1973 by the High Court or Courts of Sessions. (2) Persons appointed as Oath Commissioners under Rule 33 of the Rules of the High Court of Rajasthan, 1952 by the High Court. (3) Legal Practitioners appointed as Oath Commissioner under Rules 3 and 4 of the Rajasthan Board of Revenue (Appointment of Oath Commissioners) Rules, 1979 by the Board of Revenue, Ajmer and Collectors respectively. (4) Legal Practitioners appointed as Oath Commissioner under sub-rule (1) of Rule 69 of the General Rules (civil), 1952 by the District Judges. The above mentioned persons will cease to exercise power to administer oaths, and affirmations for the purpose of affidavits to be used in non-judicial proceedings as soon as they cease to be Commissioners of Oath or Oath Commissioners under the above mentioned Code and Rules. Fee chargeable shall be rupee one for each affidavit. By Order, Sd/- Secretary to the Government." The learned counsel for the petitioner sought adjournment to examine it and it was granted. On the adjourned date, he fairly and rightly conceded that in view of the above-quoted notification, the writ petition has no substance.;