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Allahabad High Court

SHIVRAJ SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that the petitioner may file a fresh representation and the respondent must decide it within one month, without addressing the substantive merits of the certificate claim.

Summary

Shivraj Singh filed a writ petition seeking a character certificate from the Superintendent of Police, Auraiya, alleging that despite multiple representations the authority had taken no action. The State of U.P. and another respondent opposed the petition. The court, without examining the merits, directed the petitioner to file a fresh representation accompanied by a certified copy of the order within one month. It further ordered the respondent to consider and decide the representation within one month, in line with the precedent set in Anil Kumar v. State of U.P. (Writ‑C No.718 of 2025). The petition was consequently disposed.

Issues considered

  • Whether the respondent authority is obligated to issue a character certificate to the petitioner.
  • Whether the writ petition should be entertained or dismissed on procedural grounds.
  • What procedural directions, if any, should be issued to the parties.

Subjects

  • character certificate
  • writ petition
  • representation
  • police authority
  • administrative law
  • procedural direction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 10457 of 2026

                                    Shivraj Singh
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Paritosh Sukla, Vijay Kumar Pandey
                                    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-Superintendent of
                                    Police, Auraiya 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 19, 2026
                                    NS
                                                                (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)




Digitally signed by :-
NITIN KUMAR
High Court of Judicature at Allahabad


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