- 1 - HC-KAR NC: 2026:KHC:32162 WP No. 36602 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36602 OF 2025 (GM-RES) BETWEEN: 1. SRI. B N SRINIVASA RAO S/O LATE B.N. KRISHNA RAO AGED ABOUT 74 YEARS ADVOCATE AND NOTARY PUBLIC (REG. NO. 22183) NO. 209, ABHAYA, 4TH MAIN, 2ND CROSS, NOBEL RESIDENCY, OFF BANNERGHATTA ROAD, BENGALURU - 560 076 … PETITIONER (BY SRI. BHARAT S RAO., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS, JANPATH BHAWAN, NEW DELHI - 110 001 BY ITS SECRETARY 2. THE SECTION OFFICER NOTARY CELL MINISTRY OF LAW AND JUSTICE DEPT. OF LEGAL AFFAIRS JANPATH BHAWAN, NEW DELHI - 110 001 … RESPONDENTS (BY SRI. KUSHALAPPA B M., CGC FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 NOF THE CONSTITUTION OF INDIA, PRAYING TO (I) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION DIRECTING THE RESPONDENT AUTHORITIES TO FORTHWITH CONSIDER AND RENEW THE PETITIONER'S NOTARY CERTIFICATE OF PRACTICE FOR THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32162 WP No. 36602 of 2025 PERIOD SUBSEQUENT TO 09.03.2020 VIDE ANNEXURE-A IN ACCORDANCE WITH SECTION 5 OF THE NOTARIES ACT AND RULE 8B OF THE NOTARIES RULES, BY TAKING INTO ACCOUNT THE PETITIONER'S TIMELY FEE PAYMENT, RENEWAL APPLICATION, MEDICAL DOCUMENTS AND ALL SUPPORTING MATERIALS ALREADY ON RECORD, AND TO PASS THE RENEWAL ORDER WITHIN A TIME- FRAME FIXED BY THIS HON'BLE COURT; AND CONSEQUENTLY TO HOLD THAT THE INACTION OF THE RESPONDENTS IS ARBITRARY, UNREASONABLE AND VIOLATIVE OF ARTICLES 14 AND 19(1)(G) OF THE CONSTITUTION OF INDIA AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: (i) ISSUE a writ of mandamus or any other writ or direction directing the respondent authorities to forthwith consider and renew the petitioner's Notary Certificate of Practice for the period subsequent to 09.03.2020 vide ANNEXURE-A in accordance with Section 5 of the Notaries Act and Rule 8B of the Notaries Rules, by taking into account the petitioner's timely fee payment, renewal application, medical documents and all supporting materials already on record, and to pass the renewal order within a time-frame fixed by this Hon'ble Court; and consequently to hold that the inaction of the respondents is arbitrary, unreasonable and violative of Articles 14 and 19(1)(g) of the Constitution of India. (ii) GRANT such other order or direction as deems fit to grant in the facts and circumstances of the case. - 3 - HC-KAR NC: 2026:KHC:32162 WP No. 36602 of 2025 2. The Petitioner was duly appointed notary for the term 09.03.2020 which commencing from 09.03.2020 which is valid for a period of 5 years i.e. until 08.03.2025. A request for renewal was made by the Petitioner on 15.01.2025 by making payment of the applicable fee in respect thereto. However, unfortunately since the Petitioner was suffering from severe diabetes, the formal application could not be submitted within the time period prescribed and was submitted much later. 3. It is on that ground that the respondents had raised an objection to the application submitted stating that there was a delay of 4 months and 11 days in submitting the application and as such, the application was not considered. 4. The Petitioner in reply thereto submitted an affidavit as also certificate issued by the concerned Doctor indicating the reasons for the delay and sought for condonation of delay. The same not having been - 4 - HC-KAR NC: 2026:KHC:32162 WP No. 36602 of 2025 done. Hence, the petitioner is before this Court seeking for the aforesaid relief. 5. There is no dispute that the application submitted by the Petitioner was delayed. However, what is required to be considered is whether the delay is excusable or condonable. The petitioner had made payment of the due amounts on 02.07.2024, anyway, much before 6 months cut-off time fixed by the respondents. Unfortunately, the application was submitted only on 15.01.2025. The date of payment being 02.07.2024 is six months before the expiry of the period of notary, which would have expired on 08.03.2025. 6. Considering that the due payments have been made by the Petitioner and the delay in filing the formal application is solely on account of the Petitioner suffering from a medical ailment, which have been certified by the treating Doctor, this Court is of the considered opinion that the said delay in submitting - 5 - HC-KAR NC: 2026:KHC:32162 WP No. 36602 of 2025 the formal application could be condoned, directing the respondents to process the application of the Petitioner for renewal of the notary registration. Hence, this Court passes the following: ORDER i) Writ petition is allowed. ii) Mandamus is issued, respondents are directed to consider the medical certificate produced by the Petitioner and renew the notary certificate of practice as per the applicable laws by considering the application filed by the Petitioner to be within time. iii) The respondents to pass necessary orders within a period of eight (8) weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY/List No.: 1 Sl No.: 57