Petitioner applied for a Fair Price Shop after mother's death but was asked for a Character Certificate which remained pending. Court noted respondent's lack of objection and issued directions for expeditious issuance.
Respondent No. 2 (District Magistrate) directed to issue the Character Certificate within one month.
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Neutral Citation No. - 2023:AHC:178561
Court No. - 50
Case :- WRIT - C No. - 30536 of 2023
Petitioner :- Manoj Dhar Dwivedi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Dubey,Manoj Kumar Maurya Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Ashutosh Srivastava,J.
Heard Shri Manoj Kumar Maurya, learned counsel for the petitioner, Shri Sudhir Bharti, learned counsel for the respondent no. 5 and Shri Ravindra Kumar Tripathi, learned Standing Counsel for the State respondents.
It is submitted by the learned counsel for the petitioner that the mother of the petitioner was running a Fair Price Shop, however, she expired on 13.06.2023. The petitioner thereafter has approached the respondent no. 5 for allotting the Fair Price Shop in his favour. However, the respondent no. 5 has asked for a Character Certificate, whereafter, the petitioner moved an application before the respondent no. 2, for issuance of character certificate in favour of the petitioner.
Learned counsel for the petitioner submits that for grant of Character Certificate he has already approached the respondent no. 2 on 17.07.2023 but for the reasons best known to him the said certificate has yet not been issued in his favour. He submits that the purpose of filing the present petition would be served if direction is issued to the respondent no. 2 to do needful and issue the character certificate for which the application has already been filed and stated to be pending before the said authority within a time frame fixed by this Court.
Learned counsel representing the respondents have no objection the aforesaid proposition.
This Court is also of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed of by requiring the respondent no. 2 i.e.
District Magistrate, District Deoria, seized with the application of the petitioner dated 17.07.2023, to consider and decide the same expeditiously, preferably within a period of one month, from the date of production of certified copy of order of this Court, strictly in accordance with law.
Needless to say that this Court has not expressed any opinion on the merits of the case and it shall be open for the respondent No. 2 to pass appropriate orders, strictly in accordance with law.
Order Date :- 15.9.2023 Deepak/
Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
Manoj Dhar Dwivedi
State Of U.P.
District Magistrate, District Deoria
Ashutosh Srivastava
As recorded by the court registry
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