1 2025:CGHC:28257 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3348 of 2020 1 - Bed Prasad Gupta S/o Shri Ram Dulare Gupta Aged About 52 Years Occupation Advocate, Practising In The Civil Court Marwahi , R/o Village Sivni, Tahsil Marwahi, District Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Principal Secretary Law And Legislature Department , Mahanadi Bhawan, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The District And Session Judge Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - The Civil Judge Class Ii Marwahi District Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh 4 - The President Civil Court Bar Association Marwahi, District Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh 5 - Kishan Singh Thakur Advocate , Civil Court Marwahi , District Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh 6 - Nirmal Chaturvedi Advocate , Civil Court Marwahi, District Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh 7 - Santosh Rai Advocate , Civil Court Marwahi, District Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh 8 - Gendlal Kaiwart Advocate , Civil Court Marwahi, District Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.07.29 10:42:40 +0530 2 9 - Nilesh Kumar Tiwari Advocate , Civil Court Marwahi, District Gourela Pendra Marwahi Chhattisgarh., District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Respondents For Petitioner : Ms. Smriti Ekka, Advocate appears on behalf of Mr. Abhishek Pandey, Advocate For State/Respondent No. 1 : Mr. Ajay Kumrani, Panel Lawyer For Respondents No. 2 & 3 : Mr. Gary Mukhopadhyay, Advocate For Respondent No. 9 : Mr. Abhijeet Mishra, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 26.06.2025 1. The petitioner has filed the present writ petition not against any order of respondent but against inaction of the respondent in granting them sufficient opportunity to submit the application for appointment of notary in the Civil Court Marwahi, District – Gourela- Pendra-Marwahi (C.G.). 2. The brief facts as reflected from the record are that the petitioner is practicing lawyer in the Civil Court Marwahi. The District and Session Judge, Bilaspur issued notice on 03.10.2018 for appointment of two posts of Notaries in Tahsil Marwahi, District Bilaspur and directed the interested Advocates to submit their form up to 05.10.2018 as per Rule 3 & 4 of the Notary Rules, 1956. The petitioner was not given enough time as he was not properly noticed to submit an application, therefore, the petitioner has filed this writ petition for allowing him to participate in the selection process on the post of Notary. 3. This Court after hearing the parties has directed not to issue the 3 appointment order to the Notary vide order dated 20.01.2021. 4. The State has filed its return denying the allegations made in the petition mainly contending that earlier also the District Judge has issued notice for appointment of public notary for two vacant posts on 29.09.2018 and the learned District Judge Bilaspur has forwarded seven names of the Advocates to the State Government for further action. The same was not considered thereafter, the Law Department Government of Chhattisgarh vide its memo dated 21.08.2019 has directed the District Judge Bilaspur to proceed again for appointment of notary for two posts and has also directed him to interviewed them and thereafter send the panel alongwith bio-data up to 02.10.2019. It is also mentioned in the said memo that the candidates submitted their applications, they are not required to submit the application form. In pursuance of the directions of the Law Department, the Administrative Officer of District Judge has directed the in-charge officer of Najarat Department, Civil Court Marwahi to publish the notice in the notice of the Court and also in the notice board of the Bar room and thereafter, information with regard to circulation of the notice by communicated to the Administrative Officer Bilaspur. The information was also sent to the President Bar Association Marwahi along with notice for sending the application forms of the advocates up to 20.09.2019. In the notice board it has been specifically mentioned in the notice that after 20.09.2019 no application will be entertained by the office. Thereafter, the District Judge Bilaspur has forwarded the complete papers to the Law Department through its 4 memo dated 21.10.2019 wherein it has been mentioned that Najarat Officer, Tahsil Marwahi has intimated to the office vide its memo dated 04.10.2019 and 16.10.2019 that notice has already been published in the notice board of the Court on 13.09.2019 and in the notice board of the Bar room on 13.09.2019. Thereafter, the Law Department has fixed the interview of the seven candidates on 20.01.2021. Thus, it has been contended that sufficient opportunity was available to the petitioner which has been not utilized and thus, it has been prayed for dismissal of the petition. 5. The District Judge Bilaspur has also filed separate return wherein it has reiterated the stand taken by the office of District Judge and also contended that earlier notice dated 03.10.2018 for appointment of notary was also circulated to the Bar Members by publishing the same in the notice board of the Court as well as in the notice board of Bar room. Thereafter, a fresh proceeding was again initiated which has also widely circulated therefore, it cannot be said that the petitioner was no aware of the proceedings and would pray for dismissal of the petition and also prayed for vacating the stay order because of non-appointment of notary, the litigants are suffering. 6. I have heard learned counsel for the parties and perused the record. 7. From bare perusal of the records, it is quite vivid that when for the first time notice was published on 03.10.2018 two days time was given to the candidates and thereafter a fresh notice was published on 13.09.2019 and sufficient time up to 02.10.2019 was given still it has not been utilized by the petitioner to submit his form, as such, it cannot be said that no proper time or opportunity has been granted 5 to him. Thus, the petitioner cannot take shelter of inaction committed by him and get advantage of it, therefore, I am of the view that the instant writ petition sans merit deserves to be dismissed and accordingly, it is dismissed. 8. The interim order passed by this Court on 20.01.2021 is vacated. 9. The State Government is directed to complete the proceedings expeditiously within six weeks from the date of receipt of copy of the order. Sd/- (Narendra Kumar Vyas) Judge Bhumika