I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

11^th FEBRUARY, 2025 WRI T PETI TI ON NO. 190 of 2025 (M/ S)

Manmohan Sharma ..…Petitioner Versus State of Uttarakhand and Others ..…Respondents Counsel for the Petitioner : Mr. Mohd. Alauddin, Advocate.

Counsel for the Respondent : Mr. Suyash Pant, Nos.1 and 3 Standing Counsel.

Hon’ble Alok Kumar Verma,J.

Petitioner was appointed as Public Notary for Tehsil Laksar, District Haridwar for a period of five years vide the Notary Certificate of Practice dated 25.01.2005, which was renewed from time to time. He applied for renewal of his Certificate of Practice in accordance with the provisions contained under the Notaries Act, 1952 and the Notaries Rules, 1956. He deposited the prescribed fee. The District and Sessions Judge, Haridwar had forwarded his recommendation for petitioner. The petitioner’s application for renewal of renew the Notary Certificate of Practice. Therefore, the application for renewal of the Notary Certificate of Practice of the petitioner has been rejected in view of giving opportunity to a new worthy energetic person.

2. Heard Mr. Mohd. Alauddin, learned counsel for the petitioner and Mr. Suyash Pant, learned Standing Counsel for the respondents.

3. Mr. Mohd. Alauddin, Advocate, has contended that an advocate cannot be held unworthy of being appointed as a Notary. The application for renewal of the petitioner’s certificate cannot be rejected in an arbitrary manner. He relies upon a judgment rendered by the Division Bench of this Court in Special Appeal No.616 of 2019 and the judgment dated 16.07.2024, passed by the co-ordinate Bench of this Court in WPMS No.1874 of 2024.

4. Mr. Suyash Pant, Advocate has opposed the submissions of Mr. Mohd. Alauddin, Advocate. However, he has conceded that the present matter is covered by the said judgment rendered in Special Appeal No.616 of 2019 and the judgment dated 16.07.2024.

5. Having considered the submissions of learned counsel for the parties, the present writ petition is disposed of with a direction to the respondent no.1 to re-consider the petitioner’s request for renewal of his Notary Certificate of Practice, as per law, within a period of three weeks’ from the date of production of the certified copy of this order.

6. Till decision is taken on the petitioner’s request, appointment of Notary, if already not made, shall not be made.

7. It is made clear that this Court has not expressed any opinion on the merit of the case.

___________________ ALOK KUMAR VERMA, J.

Date: 11.02.2025 Pant/