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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