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2025 DAILYLAW 161846 (ALL)

M/S COMMERCIAL TRADING COMPANY THRU. PROPRIETOR RAFEEQ ULLAH KHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND 3 OTHERS

WRIC/8555/2025 · 2025-09-04

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8555 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:- "i. ISSUE, Writ order or direction in the nature of CERTIORARI quashing the impugned order dated 27.06.2025 issued by the Opp. Party No.3 contained in ANNEXURE NO.1 to the writ petition after summoning its original. ii. ISSUE, writ, order or direction in the nature of MANDAMUS commanding the respondents to consider and issue/renew the character certificate of the petitioner following the guidelines framed by this Hon'ble court in accordance with law," 3. Learned Counsel for the petitioner says that his application for issuance of character certificate has been rejected by a cryptic order. A similarly situated petitioner Pawan Kumar Dubey had filed a Writ Petition before this Court bearing Writ-C No.7006 of 2025: Pawan Kumar Dubey Vs. State of U.P. and others, Neutral Citation No.-2025:AHC-LKO:44647-DB, which has been disposed of by the Coordinate Bench by its order dated 01.08.2025, a copy of which has been filed as annexure to the petition. 4. We have gone through the judgement and order dated 01.08.2025. 5. The order of rejection is set aside with a further direction to the District Magistrate, Bahraich, to consider issuance of character certificate to the petitioner strictly in the light of observations made by the Division Bench of this Court in Writ- C No.718 of 2025: Anil Kumar Vs. State of U.P. and others. The application which has already been submitted by the petitioner shall stand revived consequent to our Versus Counsel for Petitioner(s) : Anil Kumar Pandey Counsel for Respondent(s) : C.S.C. M/S Commercial Trading Company Thru. Proprietor Rafeeq Ullah Khan .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others .....Respondent(s) quashing the order of rejection. 6. Let the Competent Authority comply with the judgement rendered in Anil Kumar Vs. State of U.P. and others passed in Writ-C No.718 of 2025, and pass a fresh order within a period of three weeks from the date a certified copy of this order is produced before him. 7. With the aforesaid observations/ directions, the writ petition is disposed of. September 4, 2025 Darpan Sharma WRIC No. 8555 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench