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2026 Supreme(UK) 161
HIGH COURT OF UTTARAKHAND AT NAINITAL
RAKESH THAPLIYAL, J.
Ghanshyam Singh Snehi - Petitioner
Versus
State Of Uttarakhand And Another - Respondents
Writ Petition No. 66 of 2026 (M/S), Writ Petition No. 68 of 2026 (M/S), Writ Petition No. 69 of 2026 (M/S), Writ Petition No. 71 of 2026 (M/S), Writ Petition No. 83 of 2026 (M/S),
Decided On : 09-01-2026
For the Petitioner: Mr. Nagesh Aggarwal and Mr. Devesh Upreti, learned counsel
For the Respondent: Mr. Suyash Pant, learned Standing Counsel
Renewal of notary certificate cannot be refused absent statutory grounds like misconduct; state must consider applications per Act and Rules without extra-statutory conditions and comply with binding prior judgment quashing similar rejection.
Headnote:(A) Notaries Act, 1952 - Sections 5(1), 5(2), 10 and Notaries Rules, 1956 - Rules 8, 8B - Renewal of Certificate of Practice - No upper age limit or restriction on number of renewals prescribed - Renewal ordinarily granted for five years on payment of prescribed fee if application submitted timely or within relaxable period - Refusal permissible only for grounds under Section 10 such as professional misconduct, conviction involving moral turpitude, undischarged insolvency or other sufficient cause - Government exercising statutory powers bound by Act and Rules, cannot impose conditions de-hors statute. (Paras 8-15 of coordinate bench judgment)
(B) Judicial Precedent - Coordinate Bench Judgment - Subsequent order passed contrary to and influenced by prior quashed order unsustainable in law - Fair concession by State counsel. (Paras 2-5)
Facts of the case:
Writ petitions clubbed as involving identical issue - Petitioners aggrieved by impugned order of Principal Secretary rejecting renewal applications for notary certificates - Rejection based on reason from earlier order dated 05.12.2024 already quashed by coordinate bench on 08.10.2025 holding no statutory bar to renewal absent disqualifications.
Findings of Court:
Impugned order quashed and set aside - Writ of mandamus issued directing respondent authority to consider each petitioner's renewal application afresh in accordance with law and mandate of coordinate bench judgment within one month from production of certified copy.
Issues: Whether impugned rejection order sustainable when contrary to binding coordinate bench judgment quashing similar prior order and directing consideration per statutory provisions on renewal.
Ratio Decidendi: Renewal prayer to be granted unless referable to statutory grounds; government decision not to renew unsustainable if influenced by quashed order and ignoring statutory mandate allowing renewal without age or numerical limits.
Result: Writ petitions allowed. No order as to costs.
| Table of Content |
|---|
| 1. identical issues warrant clubbing writ petitions. (Para 1) |
| 2. no upper age limit for notary renewal. (Para 2) |
| 3. impugned order contrary to prior judgment. (Para 3 , 4) |
| 4. quashed prior order renders impugned unsustainable. (Para 5) |
| 5. mandamus for fresh renewal consideration. (Para 6 , 7) |
JUDGMENT :
Rakesh Thapliyal, J.
1. Since in all these writ petitions identical issue are involved, therefore, for the sake of brevity all the writ petitions are clubbed together and decided by a common order.
2. In all these petitions the petitioners are aggrieved by the impugned order passed by the Principal Secretary, Law and Legal Remembrancer, Government of Uttarakhand Dehradun. Learned counsel for the petitioners submits that the order impugned is completely contrary to the judgment passed by the Coordinate Bench on 08.10.2025 in bunch of wirt petitions the leading one WPMS No. 7 of 2025, Sunil Kumar Goyal vs. State of Uttarakhand and others. The relevant extract of the judgment passed by the Coordinate Bench are being reproduced herein as under:-
“8. The Parliament enacted The Notaries Act, 1952, which came into force on 14.02.1956. Section 3 thereof enables the Central Government and also the State Government to appoint any Legal Practitioners or other persons who possess prescribed qualifications, as Notary. Section 5(1) provides that after being appointed as Notary, a person will be entitled to have his name entered in the Register maintained by that Government under Section 4, and also to a certificate authorizing him to practice for a period of five years. Sub-Section (2) of Section 5 provides for renewal of Certificate of Practice of a Notary for a period of five years at a time. Section 5 of The Notaries Act, 1952 is reproduced below for ready reference:-
“5. Entry of names in the Register and issue or renewal of certificates of practice.—(1) Every notary who intends to practise as such '[may], on payment to the Government appointing him of the prescribed fee, if any, be entitled
(a) to have his name entered in the Register maintained by that Government under section 4; and
(b) to a certificate authorising him to practise for a period of 2[five years] from the date on which the certificate is issued to him.
[(2) The Government appointing the notary, may, on receipt of' an application and the prescribed fee, 'renew the certificate of practice of any notary for a period of five years at a. time.]”
9. Section 10 of The Notaries Act, 1952 enumerates the grounds on which name of a Notary can be removed from the Register maintained under Section 4. Refusal on the part of State Government, to renew the Certificate of Practice of the petitioner, is not referable to any of the grounds enumerated in Section 10 of the Act.
10. Central Government has framed Rules in exercise of power under Section 15 of The Notaries Act, 1952 which are known as “The Notaries Rules, 1956”. Rule 3 lays down the qualifications for appointment as Notary. Rule 4 provides that application for appointment as Notary may be made online in Form – I or Form II. Rule 6, 7, 7A & 7B of the said Rules lay down the manner in which the application for appointment as Notary has to be dealt with.
11. Rule 8(1) deals with appointment of a Notary. Rule 8B of The Notaries Rules, 1956 deals with renewal of Certificate of Practice, therefore, would be relevant for deciding the issue involved in these writ petitions. Rule 8B of the Rules is extracted below:-
“8B. Renewal of Certificate of Practice The Certificate of Practice issued under sub- rule (4) of rule 8 may be renewed for a further period of five years on payment of prescribed fee. An application for renewal of Certificate of Practice shall be submitted online in Form XVI to the 5 2025:UHC:8895 appropriate Government before (six months) from the date of expiry of its period of validity. Provided that the appropriate Government may, after considering the reasons stated in the application, relax the condition of submission
