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Allahabad High Court

SADASHIV MANI TRIPATHIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is disposed, directing the petitioner to file a fresh representation and the District Magistrate to decide it within a month.

Summary

The petitioner, Sadashiv Mani Tripathi, filed a writ petition seeking a character certificate from the District Magistrate, Kushinagar, alleging that despite multiple representations, the authority had not issued the certificate. The respondents, the State of U.P. and others, contended that there was no merit in keeping the petition pending and suggested a direction for the petitioner to file a fresh representation. The Court, without delving into the substantive merits, disposed of the petition and directed the petitioner to submit a fresh representation with a certified copy of the order within one month. Upon receipt, the District Magistrate was ordered to consider and decide the representation within one month, in accordance with law. The Court referred to the precedent set in Anil Kumar v. State of U.P. (Writ‑C No.718 of 2025) for guidance on the procedure. The petition was thus dismissed, but the petitioner was given an opportunity to pursue his grievance through a fresh application.

Issues considered

  • What relief, if any, is the petitioner entitled to regarding the issuance of a character certificate by the District Magistrate?

Subjects

  • character certificate
  • writ petition
  • administrative representation
  • High Court
  • procedure
  • fresh application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 10222 of 2026

                                    Sadashiv Mani Tripathi
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Mohammad Azad Khan
                                    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 Kushinagar 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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