- 1 - HC-KAR NC: 2025:KHC-D:15122 WP No. 101558 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101558 OF 2024 (GM-RES) BETWEEN: SHRI. SURESH NEELAPPA JALIHAL, AGE. 40 YEARS, OCC. ADVOCATE, R/O PLOT NO. 29, LAXMI ROAD, BHARAT NAGAR, SHAHPUR, TQ AND DIST BELAGAVI -590 001. …PETITIONER (BY SRI. JAGDISH PATIL, ADVOCATE) AND: 1. THE UNION OF INDIA, MINISTRY OF LAW AND JUSTICE, DEPARTMENT OF LEGAL AFFAIRS, REPRESENTED BY ITS SECRETARY, JANPATH NEW-DELHI – 11001. 2. THE DEPUTY LEGAL ADVISOR AND COMPETENT AUTHORITY, MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS, (NOTARY CELL) 4TH FLOOR, B WING, MIDDLE WING, JANPATH, NEW DELHI – 110 001. 3. THE SECTION OFFICER, GOVERNMENT OF INDIA, MINISTRY OF LAW AND JUSTICE, DEPARTMENT OF LEGAL AFAIRS (NOTARY CELL), JANPATH, NEW-DELHI – 110 001. …RESPONDENTS (BY SRI. M.B.KANAVI, CGSC FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:40 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15122 WP No. 101558 of 2024 NATURE OF CERTIORARI QUASHING THE ORDER BEARING F.NO. 5 (992)/09-NC DATED. 16/07/2021 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-D WITH RESPECT TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION DATED 18/02/2021 VIDE ANNEXURE-C MADE BY THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question an order passed by the second respondent not renewing the licence of the petitioner to work as a Notary on the score that he has not preferred an application within five years from the date of expiry of the extension dated 21.09.2016. 2. Heard the learned counsel Shri Jagdish Patil appearing for the petitioner and the learned CGSC Shri M.B. Kanavi appearing for respondent Nos.1 to 3. 3. The petitioner was granted a licence to function as a Notary for a period of five years with effect from 21.09.2016. The petitioner then submits an application seeking its renewal on 18.02.2021. The application comes to be returned on the ground that it was not within the prescribed time. The petitioner then - 3 - HC-KAR NC: 2025:KHC-D:15122 WP No. 101558 of 2024 again represents that it was in the prescribed time. That having gone unheeded, the petitioner is before this Court, in the subject petition. 4. Learned counsel appearing for the petitioner Shri Jagdish Patil taking this Court through the documents appended to the petition would demonstrate that the application seeking renewal was furnished on 18.02.2021 for an expiry that would come about on 21.09.2021. Therefore, on a plain calculation, the application is submitted for renewal by the petitioner within six months as is obtaining under the statute. The said application is now rejected on an erroneous score that the petitioner has not submitted the application for renewal within time. The renewal application is appended to the petition. The appendage would clearly indicate that the petitioner had submitted the application for renewal long before the expiry i.e. on 21.02.2021. In that light, the order impugned foundationed upon an erroneous presumption is to be obliterated. For the aforesaid reasons, the following: ORDER (i) The petition stands allowed. - 4 - HC-KAR NC: 2025:KHC-D:15122 WP No. 101558 of 2024 (ii) The order dated 16.07.2021, passed by the second respondent vide Annexure-D stands quashed. (iii) The petitioner would be entitled to all consequential benefits that would flow from the order. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 78