2010 Supreme(Raj) 2042
ARUN MISHRA, PRAKASH TATIA
State of Rajasthan – Appellant
Versus
Abdul Wahid Siddiki – Respondent
For the Appellant:R.L. Jangid, Additional Advocate General.
For the Respondent:Mahendra Singh Singhvi with Manish Patel, I.R. Chaudhary, Vikram Singh Chaudhary, C.R. Jhakhar, Manish Shishodia, R.S. Shekhawat, Ramandeep Singh and Ramesh Purohit, Advocates.
JUDGMENT
1. - The question involved in these intra-Court appeals is whether the State could have refused renewal of certificate of practice granted to the Notaries? More than 350 renewals have been refused at one stroke on the ground that new procedure for appointment of Notary has been prescribed by amending Rules 7, 7A and 7B of the Notaries Rules, 1956 (hereinafter referred to as "the Rules") in which interviews are also necessary. The Single Bench has quashed the decision of the State refusing to renew certificate of practice by identically worded orders in all cases. Consequently, the State has travelled to the Division Bench by way of filing these intra-Court appeals.
2. It is not in dispute that after following due procedure for appointment prevailing at the relevant time, Notaries were duly appointed. It is also not the case that their renewals have been refused on the ground that they have committed any mistake or have been found unfit otherwise. Five years' period for which they were appointed has expired. Consequently, they have applied for renewal under Section 5(2) of the Notaries Act, 1952 (hereinafter referred to as "the Act") read with Rule 8B, which was inserted in
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