Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33577-DB Court No. - 40 Case :- WRIT - C No. - 38936 of 2024 Petitioner :- Kamlawati Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Vishal Tandon Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the State respondents.
2. This is a writ petiton under Article 226 of the Constitution of India wherein the writ petitioner is seeking the following substantial reliefs:
"i. To call for the records and issue a writ, order or direction in the nature of certiorari, quashing the order dated 12.09.2024 passed by the Respondent no.2 i.e. District Magistrate, District-Kushinagar whereby her claim for grant of character certificate in her favour has been rejected. ii. To issue a writ, order or direction in the nature of mandamus commanding the Respondent no. to grant character certificate in favour of the petitioner."
3. Upon perusal of the material on record, we are of the view that the order dated September 12, 2024 is absolutely illegal as the character certificate has been refused to the petitioner on the ground of pendency of criminal cases against her husband.
4. In light of the above, the impugned order dated September 12, 2024 is quashed and set aside with a direction upon the authority concerned to consider the claim of the petitioner for grant of character certificate in accordance with law, within a period of eight weeks from date after affording an opportunity of hearing to the petitioner.
5. With the aforesaid directions, the writ petition is disposed of. Order Date :- 7.3.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad