HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23007 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE PRASHANT KUMAR, J. 1. Ms. Subhra Singh, learned advocate, Standing Counsel appears on behalf of State and submits with reference to order dated 25th August, 2025, where there is criminal complaint, the character certificate cannot be issued. On query she submits, there has been view taken on order dated 28th May, 2025 by the Lucknow Bench in several writ petitions, lead case being Writ-C no.718 of 2025 (Anil Kumar vs. State of U.P. and others). Mr. Sunil Kumar, learned advocate appears on behalf of petitioner and presses for hearing and order. 2. Petitioner seeks issuance of character certificate, necessary for renewal of his license to run the liquor shop. Upon hearing Mr. Kumar and Ms. Subhra Singh we find, there appears to be pre- determined action taken of sealing petitioner's shop. 3. Documents disclosed in the petition include writing by the Excise Inspector of inspection made on 3rd April, 2025. The officer reported to her higher authority that petitioner was running the shop at a location away from the location under license. On next day i.e. 4th April, 2025, the officer went and lodged complaint in the police station. A criminal case stood initiated pursuant thereto. On 8th April, 2025 the license of petitioner was cancelled, upon a show cause notice dated 3rd Versus Counsel for Petitioner(s) : Sunil Kumar Counsel for Respondent(s) : C.S.C. Vipin Kumar Sharma .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) April, 2025 issued in the meantime. By order dated 17th April, 2025 made by the Bench dealing with excise matters, the cancellation of license stood set aside on remand to the licensing authority for decision on said earlier notice dated 3rd April, 2025. 4. Petitioner, in this subsequent writ petition, has challenged order dated 5th July, 2025 once again cancelling his license/denying him renewal on ground of pendency of police case and omission to produce character certificate. No other ground or at least a ground based on running the shop at a location away from the licensed premises, appear in impugned letter/order. 5. On an earlier date of hearing of the writ petition there was direction made for State to obtain instructions. A paragraph from order dated 25th July, 2025 is reproduced below. "Dr. Devendra Kumar Tiwari, learned advocate, Additional Chief Standing Counsel appears on behalf of State. He is directed to obtain instructions with reference to Government Orders/notifications/memorandum in place as to whether application for character certificate can be rejected in facts and circumstances as alleged by petitioner, particularly where complainant is the authority, who requires the character certificate." (emphasis supplied) Submission made by Ms. Singh on instructions obtained have already been recorded above. 6. It is significant that allegation made by the Excise Officer, of the shop being run from a place other than the licensed premises, as made by aforesaid writing dated 3rd April, 2025, did not include any allegation of obstruction against inspection nor abuses hurled inviting provisions in Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Complaint was made on the next date, FIR registered and criminal case initiated. In the meantime, there had been issuance of notice regarding geographical difference in petitioner's running the shop. Order made pursuant to the notice, was set aside as WRIC No. 23007 of 2025 2 aforesaid. Impugned order also does not carry any statement regarding geographical difference in location of the shop. These are our reasons for our aforesaid conclusion that the authority acted in a pre-determined manner. 7. Impugned order is set-aside and quashed. As there was restoration of said notice dated 3rd April, 2025, for fresh order being made and impugned order was the fresh order passed on restoration, we conclude that the authorities have no good reason to deny renewal of petitioner's license. Sequence of events clearly depict pre-determination. Also, the Excise Officer, alleging to be a victim of social abuse, ought to have lodged the complaint at least on the same day. 8. Respondent no.2 (the District Magistrate) is directed to issue the character certificate pursuant to Anil Kumar (supra). In event there is no other criminal case except the one initiated by lodging of complaint dated 4th April, 2025 by the Excise Officer, on production of the certificate to be granted within two weeks from date, petitioner's license is to be renewed and the seal from his shop removed. Petitioner will forthwith communicate copies of certified copy of this order to respondent no.2 and the excise authorities. 9. The writ petition is disposed of. September 8, 2025 Ashutosh WRIC No. 23007 of 2025 3 (Arindam Sinha, J.) (Prashant Kumar,J.) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad