Allahabad High Court
VIPUL KUMAR SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that it will not interfere with the merits of the pending application but will direct the petitioner to file a fresh representation and the competent authority to decide it within a stipulated period.
Summary
Vipul Kumar Singh filed a writ petition before the Allahabad High Court seeking a direction to the Commissioner of Police, Prayagraj, to decide his pending application for a character certificate. The State of Uttar Pradesh and other respondents contended that the matter could be considered by the competent authority without court intervention. The Court, without examining the merits of the underlying application, disposed of the writ petition. It directed the petitioner to file a fresh representation, along with a certified copy of the order, before the Commissioner within one month. The Court further ordered that the Commissioner must consider and decide the representation within one month of receipt.
Issues considered
- Whether the High Court can direct a competent authority to decide a pending application for a character certificate.
- Whether the petitioner should be ordered to file a fresh representation before the competent authority.
- Whether the Court can prescribe time limits for the filing of representation and its consideration by the authority.
Subjects
- writ petition
- character certificate
- administrative law
- high court
- representation
- time limit
- public authority
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 33096 of 2026
Vipul Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Pandey, Vivek Kumar
Singh
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 No.1 to 4.
2. Learned counsel for the petitioner at the outset submits that the subject
matter of the present writ petition is pending consideration before the
respondent no.3-Commissioner of Police, Prayagraj by way of application
enclosed as Annexure No.2 to the writ petition for issuance of the character
certificate and the same has not been decided till date.
3. Per contra, learned Standing Counsel contends that the matter can very
well be considered by the competent authority and therefore, an appropriate
direction be issued to the competent authority 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, the writ petition is disposed off permitting the
petitioner to file a fresh representation alongwith certified copy of this order
raising all his grievances before the respondent No.3-Commissioner of
Police, Prayagraj within a period of one month from today. In case, any such
representation is filed by the petitioner, the respondent No.3 shall consider
and decide the same strictly in accordance with law within a period of one
month thereafter from the date he receives the representation of the
petitioner.
September 9, 2026
SS
(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)
Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad
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