IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 795 of 2010 Dinesh Chandra Pandey (Advocate) S/O Late Laxmi Dutt Pandey, R/O In front of Govt. Hospital Khatima, District Udham Singh Nagar. … Petitioner. Versus 1. State of Uttarakhand through Secretary Law, Secretariat, Dehradun. 2. Additional Secretary, Law, Secretariat, Dehradun. … Respondents. Mr. S.C.Bhatt, Advocate, learned counsel for the petitioner. Mr.N.P.Shah, Learned Standing Counsel for the respondents. Date June 28, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 30-12-2009 (Annexure 4 to the petition). The petitioner has further sought a writ of mandamus directing the respondents to reconsider the matter for renewal of the Notary licence of the petitioner. According to the petitioner, on 19-10-2004 he was appointed as Notary for a period of five years and the licence of notary was to expire on 18-10-2009. On 9-1-2010, the petitioner applied for renewal of the licence for a further period of five years along with necessary documents through the District Judge Udham Singh Nagar vide Annexure-1 to the petition. The petitioner has annexed the medical certificate of illness for the year 10-7-2009 to 13-11-2009 along with his application. However. The grievance of the petitioner is that the State Government without recording any finding on the medical certificate filed by the petitioner has informed the petitioner that the 2 State Government has decided not to relax the condition of moving the application for renewal three months’ prior to the date of expiry and accordingly returned the requisite fee and stamp paper sent by the petitioner by letter/order dated 30-12-2009. The impugned order has been passed without application of mind. On behalf of the respondents, counter affidavit has been filed. The affidavit is duly sworn in by the Additional Secretary Law, Government of Uttarakhand. It is stated in the counter affidavit that the application for renewal of licence has been rejected by the State Government after due consideration of the entire facts and circumstances of the case, but in the counter affidavit there is no specific averment regarding the truthfulness or otherwise of the medical certificate filed by the petitioner as Annexure-2 to the petition. In any view of the matter, it cannot be said that the delay caused in moving the application for renewal of licence by the petitioner is inordinate or intentional, rather the delay appears to have occurred due to illness of the petitioner. In the above facts and circumstances, it would be in the fitness of things as also in the interest of justice that delay in moving the application be condoned. Accordingly, delay in moving the renewal application by the petitioner is condoned. The impugned order dated 30-12-2009 (Annexure-4 to the petition) is set aside. The authority concerned is directed to consider the application of the petitioner for renewal of notary certificate expeditiously, preferably within a period of eight weeks from the date of production of certified copy of this order. With the above observation and direction, the writ petition is disposed of finally. (B.S.Verma, J.) RCP