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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