SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2000 Supreme(AP) 698

Andhra Pradesh High Court
Judges : ELLEN DHARKAR
K.Vishnu - Appellant
Versus
Government Of A.P. - Respondent
W.P.No.4211/92
Decided On : 09-11-00
Advocates Appeared :
Mr.P.Kamalakar, Mr.E.Manohar

Headnote:NOTARIES ACT, 1952, Secs.3,10 & 15 - NOTARIES RULES, 1956, R.13 - Government passing order cancelling Certificate of Practice of Notary basing on Inspection report submitted by District Registrar for alleged irregularities - If Government want to remove name from Register a full-fledged enquiry has to be conducted as contemplated u/S.10,r/w R.13 - Removal of name basing on inspection report without condudting enquiry is contrary to Sec.10 of the Act - Impugned order of Government cancelling certificate of Registration of Notary - Quashed.

ELLEN DHARKAR, J.

( 1 ) THIS writ petition was filed for issuing Writ of Certiorari calling for the records relating to the impugned order passed by the Government in G. O. Ms. No. 266, Revenue (Regn. III) Department, dt. 10-3-1992 and quash the same as illegal, arbitrary and contrary to law.

( 2 ) THE petitioner was registered as Notary by order of the respondent dt. 22-9-1971. The respondent issued the Memo No. 143406/regn. 11/88-1 Revenue (Regn. II) Department, dt. 17-5-1989 stating that the Inspector General of Registration and Stamps brought to the notice of the Government that when the District Registrar, West Godavari, inspected the Notarial Records maintained by the petitioner on 20-8-1987, the following irregularities were noticed :1. "loss of stamp duty of Rs. 8,863. 00 due to attestation of deficitly stamped documents. 2. EXCESS Fee collected from the parties for attestation of documents. 3. FAILURE to note the value of the property in the Notarial Register. 4. FAILURE to impound the Translated Copy. FAILURE to note the stamp duty borne by the documents in some cases"

( 3 ) THEREFORE, he was directed to state why action should not be taken under the provisions of the Notaries Act, 1952 and the Notaries Rules, 1956 for the said irregularities committed by the petitioner and asked him to submit his explanation along with supporting documents. Accordingly, the petitioner on 19-6-1989 submitted a detailed explanation denying the allegations made in the above said memo. Thereafter, the Government in Memo. 143406/regn. II (1)/88-5 dt. 6-11-1990 passed an order stating that according to the Inspector General of Registration and Stamps, the petitioner is responsible for the following loss of revenue to the Government :1. Document No. 323/86rs. 13. 002. Document No. 88/87rs. 300. 003. Document No. 219/87rs. 610. 004. Document No. 41/87 Rs. 2590. 00totalrs. 3513. 00

( 4 ) IT is further stated that after careful consideration of the explanation submitted by the petitioner, the Government came to the conclusion that the petitioner is responsible for loss of Rs. 923. 00 in respect of first three documents and he was directed to remit the same, failing which action will be taken under the said Act and Rules. The petitioner in order to purchase piece from the respondent remitted the sum of Rs. 923. 00 in the office of the District Registrar, West Godavari on 12-12-1990 and informed the same to the Government through letter dt. 14-12-1990. Thereafter, the Government has issued another Memo. dt. 30-5-1991 to the petitioner stating that since he has remitted Rs. 923. 00 and the short collection of stamp of the petitioner, which is serious in nature leading to the loss of revenue and to show cause why the Certificate of Practice should not be cancelled and his name should not be removed from the Register of Notaries. The petitioner submitted his explanation on 4-7-1991 denying the allegation made in the above said memo, and stated as per the directions of the Government he has remitted the said amount with a view that they will close the matter. But, after consideration of the explanation of the petitioner, the Government has passed G. O. Ms. No. 266, Revenue (Regn. II) Department, dt. 10-3-1992, which was received by the petitioner on 14-3-1992, cancelling the Certificate of Practice and perpetually debarring him from practice under Rule 13 (12) (b) (i) of the Notaries Rules, 1956. Aggrieved by that order, the petitioner filed the present writ petition.

( 5 ) IT is submitted by the learned counsel for the petitioner that the impugned order was passed by the respondent without following the procedure contemplated under Rule 13 of the Notaries Rules, 1956. Therefore, the impugned order is liable to be set aside. It is further submitted that the Government in its order dt. 6-11-1990 directed the petitioner to remit an amount of Rs. 923. 00 towards loss of revenue with regard to document Nos. 1 to 3 and with regard to document No. 4 is conc












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top