HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL No.1144 OF 2014
DATED: 10.09.2014 Between:
G.Narayana … Appellant and The Government of Andhra Pradesh and another … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL No.1144 of 2014
JUDGMENT: (per the Hon’ble Sri Justice Sanjay Kumar)
The second respondent in Writ Petition No.32835 of 2011 is in appeal aggrieved by the order dated 03.01.2013 passed by the learned Single Judge dismissing his vacate petition and making the interim order dated 10.02.2012 absolute.
The issue in the Writ Petition was with regard to the removal of the name of the writ petitioner from the Register of Notaries. The said removal was effected vide G.O.Ms.No.1829, Revenue (Registration-II) Department, dated 01.11.2011. The said G.O. was suspended by this Court on 10.02.2012 and by the order under appeal, the same was made absolute.
Perusal of the afore-stated G.O. reflects that the certificate of practice awarded to the writ petitioner was renewed up to 14.11.2013 only and there is no indication of any further renewal thereafter. Despite the matter being adjourned and being posted for orders today, there is no representation for the second respondent herein, the writ petitioner.
Going by the record available before us, it is clear that the authorization of the writ petitioner to operate as a notary ceased on 14.11.2013. In that view of the matter, the interim order granted in the Writ Petition cannot have the effect of renewing his certificate of practice. He would therefore have no authority in law to operate as a notary after the expiry of his licence period. We accordingly declare that the order under appeal would not preclude the authorities from taking necessary action against the writ petitioner if he continues to operate as a notary after the expiry of his certificate of practice without due renewal in accordance with norms. In the light of the aforestated order, nothing remains to be decided in the Writ Petition and it shall be open to the parties to make a suitable mention before the learned Judge hearing the matter for appropriate closure orders to be passed.
The Writ Appeal is allowed to the extent indicated above.
Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
10th SEPTEMBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni