Andhra Pradesh High Court - Amravati
H S Kistappa vs The State Of Andhra Pradesh, on 15 October, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.17106 OF 2020
ORDER:(Heard and pronounced through BlueJeans App (Virtual) mode, since this mode is adopted on account of prevalence of Covid-19 pandemic) This writ petition is filed by a Practicing Advocate. He applied for appointment as Notary to the first respondent and after considering the same, he was appointed as Notary on 16.2.2012. The term of the petitioner's appointment is for a period of five years, i.e., up to 15.2.2017. Before expiry of the tenure, the petitioner on 10.10.2016 applied to the first respondent for renewal of certificate of practice by enclosing a challan for Rs.1,000/-. The petitioner also made a representation dated 14.10.2016 to the third respondent. However, no orders have been passed renewing the practice of the petitioner as Notary. The petitioner, under the said circumstances, made a representation again on 27.7.2020 to the second respondent with a request to issue orders of renewal of certificate of practice. Despite the same, no orders have been passed. Hence, the writ petition is filed.
2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Registration and Stamps appearing for the respondents. With their consent, the writ petition is being disposed of, at the stage of admission.
3. Learned counsel for the petitioner contends that the respondents are not justified in not renewing the certificate of practice of the petitioner as Notary, despite submitting an application for renewal along with requisite fee before the expiry 2 of the tenure. She submits that the Authorities are required to pass appropriate orders on the application made by the petitioner prior to the expiry of the tenure. She also places reliance on the judgment of this Court in M.Mallareddy v. State of Andhra Pradesh1.
4. Since the petitioner, as seen from the material available on record, has sought for renewal of the certificate of practice before the expiry of the tenure, the Authorities are bound to consider the application and pass appropriate orders thereon. However, it appears, for the reasons not known, appropriate orders have not been passed despite repeated representations including the latest dated 27.7.2020.
5. In view of the above circumstances, the writ petition is disposed of, with a direction to the respondents to consider the renewal application of the petitioner, duly taking into consideration the judgment in M.Mallareddy, and pass appropriate orders, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.
________________________ NINALA JAYASURYA, J October 15, 2020 Note:
Dispatch order copy in one week. (By order) YS 1 2017 (2) ALT 478