.r m^ .._!_. IN THE HIGH COURT OF 3UDICATURE AT BILASPUR fCHHATTISGARH^ W. P. NO^^q QF 2005 PETITIONER Manas K Dasgupta, S/o Shri Sharda Charan .Dasgupta, aged about 60 yrs., Advocate, R/o Near Bus Stand/Ghargoda Tahsil Gharghoda, District Raigarh (Chhattisgarh) VERSUS RESPONDEN 01l<^-: -' .^h-^.-'"' ^'^'^••s"? ^^v^r^ /V- ^-::1 -1. State of Chhattisgarh,Through Secretary,Department of Law & Legislative Affairs, D. K. S. Bhawan,Raipur (Chhattisgarh) 2. Collector, District Raigarh (Chhattisgarh) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF CERTIORARI, MANDAMUS, PROHIBITION AND OTHER SUITABLE WRIT OR WRITS, DIRECTION OR DIRECTIONS, ORDER OR ORDERS: XI-HC-22 J^T ^l^lld<4, ^Tl«-ij«?,f®ldl<iy 3TT^T17?r^ ^..^X...?^.^L ^o^ ^[w^rrgwrc^ 1^^;""^ •STI^T^T f^Tt^^Ti^T ^M\^ ^?i^T •^ ^ '^ 3^?^nw^T 13-8-2008 Mr. Manindra Shrivastava, ^rafepfrTWRTt'^'te^ ^RZIT ^•^rf^T^n^T Senior Advocate with Mr. Ashish Gupta, Advocate for the petitioner. Mr. Sunii Otwani, Panei Law^erfortiie Stete/respondents. Heard. As agreed by learned co^nsel for the parties, this petition is being disposed of at the admission stage tjteelf. As per the averments madej in the petSfion, the petitioner is a practidng Advocate at Tehsit: Gharghoda, Qistrict: Raigarh since 1978. The petitjoner was appointfed as Notary under the| Notaries Rules, 1956, in the year 1994 \^de order dated 30-7-1994, and his c^rtificat®to pracfice as Noterywas renewed victe order dated 3-3-1998 up to 2^-7-2000, thereafter the certificate was again ^c renewed on 31-7-2000 up to 29-7-|20Q^which are annexed with thls petition as Annexures P-2 & P-3. The petitionjsr again apptied for renewal ofthe eertificate on a non-judicial stamp of Rs.500/+ and Rs.500/- has been pald by chatlan on 24-6-2003. However, the petitione|r received a communication dated 7-1-2004 from the Deputy Secreiary, Law ^ Legisiative Affairs Department, Govt. of Chhattisgarh, Raipur, by which h@! directed ttie State Govemment to was informed that the certlficate of N<^ary will not be renewed, whjch is Anne^ure P-5. The action of the respondente is not only illegal, arbitrary, irrational ^nd the same is jn violatton of Sectfon 5 of the Notaries Act. Learned Senior Counsel for | other public Notaries ftled various) |the petitioner argu^l that similarly sifciated i writ petitjons which were deckted by this Court vide order dated 24-3-200$, and aliowing those peftitions the Court (sonsider the case of the pefitioners as an (ndividuaj case on their own merit^ and decide the same in accordance with jaw. Therefore, this petWon be di^posed of on the same terms directing the XI-HC-22 j^T ^l^tld<Lt, ^TTl<-ijl<?, R^Kiy 3TT^T17?r^)' <2L©SS< HW^8T%^|eb '' »^- »»»»—^» y^F^ 200 f^^; W^TSET f^TTOW^T ^OT^^rf?^ ^ So.ma ^/ 3:n^T^:cTT^p:^r — ^^4 thb ieatned State Govemmerrt to consider certificate in the lightof the above| respondente has no objection. j Therefore, having heard the avermente made in the petitior^ 2005 passed jn W.P.No.3247/2003 Chhattisgarh & another) and otherj the State Government is directed individual case on ite own merits in the light of the observ^ions mad^ }n view ofihis prder, iA.No.3^3 Parties are entitled for certiNd case of tiie petitioner for renevral of the order to which tearned counsel for the Siate/ cbWl^-! ^N^'^'fWt^I^TC ^-yff^TW^T cpunsei for the parties, having regard to and also ttie order of this Court dated 24-3- (Chandra Prakash Sharma vs. State of petjtions, the instant petition is allewed and |to consider the case of the petltjoner as an decide the same in accordance with law, in the order dated 24-3-2005. 3^35/2005 stands disposed of. copyofthjsorder. —— ^nd Sd/- L.C. Bhadoo Judge (lft^^Rg4) i