High Court of Judicature at Bombay Considers Legality of Unreasoned Decision on Notary Application. Collector's Omission to Provide Reasons Raises Issue Under Article 226 of the Constitution.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The petitioner, Surekhaben Chhaniyabhai Varli, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, challenging the failure of the Collector, Union Territory of Dadra and Nagar Haveli, to pass a reasoned order on her application for appointment as a notary public. Pursuant to an advertisement dated 29 January 2025, the petitioner applied on 3 February 2024 and was interviewed on 21 February 2024 by the Interview Board. Seven notaries were selected, but the petitioner did not receive any reasoned decision on her application. The court, after hearing the parties, made rule absolute. However, the final direction and reasoning are not detailed in the provided excerpt. The court considered the issue of whether the Collector was required to pass a reasoned order and directed accordingly.

Issue of Consideration

Whether respondent no. 3 (Collector) was correct in not passing a reasoned order on the petitioner’s application for appointment as a notary public.

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Law Points

  • Article 226 of the Constitution
  • reasoned order
  • notary appointment
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Case Details

2025 LawText (BOM) (04) 128

Writ Petition No. 6292 of 2024

2025-04-01

G.S. Kulkarni, Advait M. Sethna

2025:BHC-AS:15443-DB

Pramod N. Joshi, Rukhmini Khairnar for Petitioner; Hiten Venegaokar, Harsh Dedhia for Respondents

Surekhaben Chhaniyabhai Varli

1. Union Of India, 2. The Administrator, U.T. Dadra and Nagar Haveli, Daman and Diu, 3. The Collector, U.T. Dadra and Nagar Haveli, 4. Deputy Collector (R.D.C.), U.T. Dadra and Nagar Haveli, 5. Law Secretary, U.T. Dadra and Nagar Haveli, 6. Hiteshkumar Kismatbai Bhandari, 7. Pankajkumar Naginbhai Bhandari, 8. Ami Jayvatlal Shah, 9. Gordhankumar Ganeshbhai Purohit, 10. Nipuna Mahendrasinh Rathod, 11. Sunny Bhikhubhai Bhimra, 12. Minaben Baberbhai Patel

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Nature of Litigation

Writ petition under Article 226 of the Constitution challenging the Collector's failure to pass a reasoned order on petitioner's application for appointment as a notary public.

Remedy Sought

Petitioner sought a direction from the High Court to the Collector to pass a reasoned order on her notary application.

Filing Reason

The Collector did not provide any reasoned order on the petitioner's application despite her being called for an interview by the Interview Board.

Issues

Whether the Collector was correct in not passing a reasoned order on the petitioner’s application for appointment as a notary public.

Judgment Excerpts

A short issue which arises for consideration in this proceedings under Article 226 of the Constitution is whether respondent no. 3- The Collector, Union Territory of Dadra and Nagar Haveli was correct in not passing a reasoned order on the petitioner’s application for appointment as a notary public. On 29 January 2025, respondent no. 3 issued an advertisement inviting applications for appointment of notary for the Union Territory of Dadra and Nagar Haveli.

Procedural History

Rule made returnable forthwith. Respondent waives service. By consent of the parties, heard finally.

Acts & Sections

  • Constitution of India: Article 226
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