Notary
kavksatyanarayana
(Querist) 16 June 2017
This query is : Resolved
Dear Experts, namaskarams.
This is my friend’s case and the details are hereunder:
My friend is an Advocate & Notary in Andhra Pradesh. His Notary commission is expired by 30-11-2015. He has submitted an application with challan for Rs.1000/- (renewal fees) for renewal of Practice of Notary Certificate from 01.12-2015 and notary records verification certificate.
But the Government of Andhra Pradesh in its Memo No.31617/Regn.II/A1/2012-4, dt.31-08-2015 have instructed to withhold further sanction of Notaries afresh and also renewal request of Notaries.
After receipt of Government memo, some Advocate & Notaries have filed a case in W.P.No. 9655/2016 in the A.P. High Court, Hyderabad against the orders of the Government and the Hon’ble High Court of AP set-aside the orders of the Government. But the Government have not issued instructions regarding the renewal of Notary Practice Certificate for further period of 5 years. The District Registrars are returning the renewal applications as per Government memo dated 31-08-2015.
But some of the Notaries are doing practice though their commission (the period of their Practice as Notary) is expired. My friend is telling that the Advocate cum Notaries may continue practice as Notary though their period of practice is expired.
Whereas I am of opinion that the Notaries cannot continue practice as their period of practice is lapsed and further period of practice is not renewed.
So I request the experts to offer your valuable opinion in the matter.
Thank you sirs in advance.
kavksatyanarayana.
Dr J C Vashista
(Expert) 17 June 2017
As period of notary is already expired and further yet to be renewed, is stopped/ceased to be notary. In case someone is continuing it is illegal and unauthorized, at his/her risk and consequence.
In case High Court has set aside OM issued by AP Government, it is non-est (as it was not issued). Consequently the district registrar has no alternative but to renew the commission.
In case, it (renewal application) is refused, file contempt of court u/s 12 of the Contempt of Court Act against the Officer (by name).
rajeev sharma
(Expert) 17 June 2017
I fully agree with the opinion of Dr. Vashista . When High Court has struck down the order of AP Govt dated 31-8-2015 any order which was standing before that stands and the concerned authority is bound to act as per that .
Rajendra K Goyal
(Expert) 17 June 2017
Agree with the expert Dr J C Vashista ji.
Dr J C Vashista
(Expert) 18 June 2017
Thank you Sharma ji and Goyal ji for agreeing with me.
krishna mohan
(Expert) 19 June 2017
I agree with the views of Dr.J.C.Vashistaji.
Dr J C Vashista
(Expert) 19 June 2017
Thank you Mr. Krishna Mohan for agreeing with me.
