SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(All) 437

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SURYA PRAKASH KESARWANI, ANISH KUMAR GUPTA, JJ.
Rajendra Prasad - Petitioner
Versus
State Of U.P. And Others - Respondents
Writ C. No. 28220 of 2022 with Writ C. No. 28071 of 2022 with Writ C. No. 32690 of 2022 with Writ C. No. 34443 of 2022 with Writ C. No. 34540 of 2022 with Writ C. No. 34611 of 2022 with Writ C. No. 37521 of 2022 with Writ C. No. 36083 of 2022
Decided On : 20-02-2023

Advocates Appeared:
For the Petitioner: Arvind Singh.

Headnote:

Constitution of India, 1949 – Article, 226 – Power of High Court to issue certain writs – Information of Cancellation – Preparation of Modalities for Issuance – Writ petitions is mainly above noted points State has filed personal affidavit of respondent providing for a forum learned Additional Advocate General has stated that modalities for grant or refusal to grant character certificate preparation – Held, Learned Additional Advocate General preparation of modalities for issuance suspension and cancellation certificate are under process level of State Government – Court not wish to express any opinion on this aspect – State Government afore quoted Government Order statement made by learned Additional Advocate General that preparation of modalities for issuance – Writ petitions are disposed of.

ORDER :

1. Heard Shri Arvind Singh, learned counsel for the petitioner in Writ-C No.28220 of 2022, Shri Rahul Mishra, learned counsel for the petitioner in Writ-C No.28071 of 2022, Shri Rakesh Kumar Dubey, learned counsel for the petitioner in Writ-C No.32690 of 2022, Shri Rakesh Kumar Pandey, learned Senior Advocate assisted by Shri Santosh Kumar Singh holding brief of Parmeshwar Kr. Chaudhary, learned counsel for the petitioner in Writ-C No.34443 of 2022, Shri Utkarsh Srivastava, learned counsel for the petitioner in Writ-C No. 34611 of 2022, Shri Shitla Prasad Pandey, learned counsel for the petitioner in Writ-C No.36083 of 2022, Shri Shravan Kumar Pandey, learned counsel for the petitioner in Writ-C No.37521 of 2022, Shri Ramesh Kumar Kushwaha, learned counsel for the petitioner in Writ-C No. 34540 of 2022 and Shri Manish Goyal, learned Additional Advocate General assisted by Shri Ankur Tandon, learned counsel for the State-respondents.

2. Grievance of the petitioners are either:-

    (a) against the rejection of application for character certificate; or

(b) suspension or cancellation of their character certificates; or

(c) non-providing of any modalities for issuance of character certificate; or

(d) non-providing of any forum to challenge the orders passed by the District Magistrate adversely disposing of a character certificate application.

3. Since the controversy involved in the present writ petitions is mainly on the above noted points and the State has filed personal affidavit of respondent no.1 providing for a forum and the learned Additional Advocate General has stated that modalities for grant or refusal to grant character certificate are under preparation, therefore, with the consent of learned counsel for the parties, all these writ petitions are being finally heard.

4. In paragraph nos. 3 and 4 of his personal affidavit dated 20.02.2023 Shri Sanjay Prasad, Principal Secretary, Department of Home, Government of U.P., Lucknow filed on behalf of respondent no.1, has stated, as under:

    “3. That in this regard, it is submitted here that after due consideration with regard to the guidelines for character certificate, a Government Order dated 02.02.2023 had been issued by the Government of U.P., in which it is stated that in context of Government Order dated 02.11.2006, 12.12.2007 and 20.05.2013, in case any application for new character certificate is rejected by the concerned District Magistrate/Collector, such information along with reasons would be served upon the applicant and the applicant may within one month approach the concerned Divisional Commissioner by way of representation, upon which the concerned Divisional Commissioner would pass a reasoned order, after affording opportunity of hearing to both the sides and the same would be communicated to the concerned District Magistrate/Collector who would act accordingly. A true Photostat copy of Government Order dated 02.02.2023 is being annexed herewith and marked as Annexure No. PA-1 to this affidavit.

4. That further it is also provided that with regard to character certificates already issued, if the same would be cancelled by any District Magistrate/Collector, then the concerned person would be served with the information of cancellation of his character certificate and within one month he may file his representation before the concerned Divisional Commissioner and after giving opportunity to both the sides and the same would be communicated to the concerned District Magistrate/Collector who would act accordingly.”

5. Learned counsel for the petitioners jointly submit that although a forum has now been provided by the State Government vide G.O. No.47/6- i0q-14-23-50(07)/2006 dated 02.02.2023 and yet modalities have not been finalized by the State Government for issuance or rejection of a character certificate application or for cancellation of a character certificate. Learned counsel for the petitioners have also drawn our attention to the law laid down by learned S

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon Back to top