RAMNIWAS SINGH YADAV v. STATE OF U.P. AND 4 OTHERS
WRIC/16482/2025 · 2025-05-21
Shekhar B Saraf, Y K Srivastava
body2025
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[ 2025 DAILYLAW 61908 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61908 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:86526-DB Court No. - 40 Case :- WRIT - C No. - 16482 of 2025 Petitioner :- Ramniwas Singh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh Chandra Shukla Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs:-
"i. Issue a writ, order or direction in the nature of certiorari and call for records of the case and quash the order dated 05.05.2025 passed by respondent no.2 and direct the respondent no.2 or 4 to issue character certificate to the petitioner within stipulated period. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 and 5 to permit the petitioner to continue his shop till character certificate issued by respondent no.3."
3. At the very outset, learned counsel appearing for the State- respondents submits that for the relief as prayed by the petitioner there is an alternative remedy of filing an appeal before the DIG concerned.
4. Upon hearing counsel appearing on behalf of the parties and perusing the material available on record, we dispose of the writ petition with the liberty granted to the petitioner to file an appeal before the DIG concerned within a period of two weeks from date.
In the event the petitioner files the appeal, the authority concerned is directed to afford an opportunity of hearing to the petitioner, and decide the matter and pass a reasoned order, in accordance with law, expeditiously and preferably within a period of eight weeks from date the appeal is filed. Order Date :- 22.5.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad