SUNITA GOSWAMI Digitally signed by SUNITA 2025:CGHC:42696 GOSWAMI Date:

2025.08.22

17:10:45 +0530 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 329 of 2013 Reserved on 07.08.2025 Pronounced on 22.08.2025 Amitabh Tiwari S/o R.W. Tiwari Aged About 51 Years, Occupation-Advocate, R/o 27 Kholi, P.S. Civil Line, Bilaspur (C.G.)

--- Petitioner versus

1 - State of Chhattisgarh, Through Its Secretary, Law Department, Dau Kalayan Singh Bhavan, Mantralaya, Raipur (C.G.)

2 - The Collector, Bilaspur (C.G.)

3 - Nayab Tahildar, Seepat, Bilaspur

4 - Ramadhar Bunkar S/o Riman Prasad Bunkar, Aged About 50 Years, Caste-Vastrakar, R/o B.L. Vastrakar, Seepat, P.S. Seepat, District and Tahsil, Bilaspur (CG)

..Respondents For Petitioner : Shri Ravi Ranjan Sinha, Advocate appears along with Shri Shubham Singh, Advocate For State/ Respondents : Shri Ratan Pusty, Government Advocate No.1 to 3 For Respondents No. 4 : Shri Rishi Rahul Soni, Advocate AND WPC No. 407 of 2022

1 - Ramadhar Bunkar S/o Shri Riman Prasad Bunkar, Aged About 46 Years, R/o Village- Devari, Post- Pandhi, Tahsil Masturi, Up-Tahsil- Sipat, P.S. Sipat, District- Bilaspur (C.G.)

---Petitioner Versus

1 - State of Chhattisgarh, Through- The Secretary, Law And Legislative Department, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, District- Raipur (C.G.)

2 - The Deputy Secretary, Law And Legislative Department, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, District- Raipur (C.G.)

3 - The District And Sessions Judge, Bilaspur (C.G.)

4 - The Collector, Bilaspur (C.G.)

5 - The Sub Divisional Officer (R), Bilaspur (C.G.)

6 - The Nayab Tahsildar, Sipat, District- Bilaspur (C.G.)

7 - Amitabh Tiwari S/o Shri R.W. Tiwari, Aged About 59 Years, Occupation- Kalika Dairy, Situated In Tarun Pushkar Complex, Mungeli Naka Chowk, Bilaspur, District- Bilaspur (C.G.) R/o 27 Kholi Bilaspur, P.S. Civil Line Bilaspur (C.G.) ..Respondents For Petitioner : Shri Rishi Rahul Soni, Advocate For State/ Respondents : Shri Ratan Pusty, Government Advocate No.1,2,4,5 & 6 For Respondents No. 3 : None For Respondent No.7 : Shri Ravi Ranjan Sinha, Advocate appears along with Shri Shubham Singh, Advocate Single Bench: Hon’ble Shri Justice Sanjay S.Agrawal

CAV Order

1. Since the issue involved in both these petitions is one and the same, they are being disposed of by this common order.

2. In WP(C) No.329/2013, the petitioner- Amitabh Tiwari is questioning the appointment of respondent No.4- Ramadhar Bunkar on the post of “Notary”, as he obtained the said post on the basis of a false ‘Caste Certificate’ that he belongs to the “Other Backward Class” (OBC), i.e. “Mahara” by caste, while in WP(C) No.407/2022, the respondent No.4- Ramadhar Bunkar has questioned the order impugned dated 11.10.2021, issued by respondent No.2-The Deputy Secretary, Law and Legislative Affairs Department, Raipur, whereby, he has been restrained from performing his duty as a “Notary” till the date of renewal of his licence as required under Section 5 of the Notaries Act, 1952 (hereinafter referred to as ‘the Act, 1952’), else he has to face the consequences required under Sections 12 and 13 of the Act, 1952.

3. The core question, which, therefore, involves in these petitions is as to, Whether, the appointment of respondent No.4- Ramadhar Bunkar on the post of “Notary” based upon the Caste Certificate issued in his favour by the Additional Tahsildar, Seepat in Revenue Case No.417- B/121/2002-03, could be held to be sustainable in the eye of law ?

4. From perusal of the record, it appears that a notification was issued by the State Government in exercise of the powers provided under Section 3 of the Act, 1952 for the appointment of “Notary” in village Seepat, District Bilaspur. In pursuance thereof, the petitioner- Amitabh Tiwari as well as the respondent No.4- Ramadhar Bunkar, applied for the said post in the ‘prescribed form’ framed under sub-rule (2) of Rule 4 of the Notaries Rules, 1956 (hereinafter referred to as ‘the Rules, 1956’), framed by the Cen