Allahabad High Court
RAKESH KUMARversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court disposed of the writ petition, permitting the petitioner to file a fresh representation and directing the respondent to decide it within one month.
Summary
Rakesh Kumar filed a writ petition seeking a character certificate from the District Magistrate, Agra, alleging that his multiple representations had been ignored. The petitioner argued that the respondent authority failed to issue the certificate despite his grievances. The respondents contended that there was no need to keep the petition pending and suggested a direction to consider the grievance. The Court, without examining the merits, disposed of the petition and directed the petitioner to file a fresh representation with a certified copy of the order within one month. It further ordered the District Magistrate to consider and decide the representation within one month, citing the precedent of Anil Kumar v. State of U.P. The petition was thus dismissed with directions for a fresh filing.
Issues considered
- Whether the High Court can compel the issuance of a character certificate without adjudicating the merits of the petitioner's grievance.
- Whether the petitioner should be directed to file a fresh representation and the respondent authority to decide it within a stipulated time.
Subjects
- character certificate
- writ petition
- administrative law
- representation
- High Court
- direction to authority
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10108 of 2026
Rakesh Kumar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Gautam
Counsel for Respondent(s) : C.S.C.
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the State-respondents.
2. The grievance of the petitioner is that respondent-authority is not issuing
character certificate to the petitioner despite the fact that petitioner has
submitted several representations to the respondent-authority for issuance of
the same, but till date, no action has been taken on the same.
3. Learned Standing Counsel submits that no useful purpose would be served
in keeping the writ petition pending and appropriate direction may be issued
to the respondent no.2 to consider the grievance of the petitioner.
4. Considering the facts and circumstances of the case and without adverting
into the merits of the case, we dispose off the writ petition permitting the
petitioner to file a fresh representation alongwith certified copy of this order
raising all his grievances before the respondent no.2-District Magistrate,
District Agra within a period of one month from today. In case, any such
representation is filed by the petitioner, the respondent no.2 shall consider
and decide the same in accordance with law within a period of one month
from the date he receives the representation of the petitioner in the light of
judgement of this Court in the case of Anil Kumar Vs. State of U.P. Thru.
Addl. Chief Secy. Deptt. Of Home Lko. & Others passed in Writ-C No.718
of 2025.
March 18, 2026
Sattyarth
(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)
Digitally signed by :-
SATTYARTH ANAND
High Court of Judicature at Allahabad
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