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2025 DAILYLAW 83131 (ALL)

M/S NEW PURWANCHAL BALANCE REPAIRING WORKS v. STATE OF U.P. AND 3 OTHERS

WRIC/26267/2025 · 2025-09-11

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 26267 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The present writ petition has been filed praying for quashing of a circular letter dated 23.6.2025 issued by the Controller, Legal Metrology U.P. at Lucknow and communication dated 28.6.2025 issued by Senior Inspector, Legal Metrology, Chandauli. 2. The petitioner is having licence for repair of weight and measure under the provisions of U.P. Legal Metrology (Enforcement) Rules, 2011. The licence is valid upto 31st December, 2027. The Controller, Legal Metrology, U.P. issued the impugned circular letter dated 23.6.2025 addressed to all Deputy/Assistant Controllers, Legal Metrology, U.P. stating that licences are granted for repair of weight and measure under Rule 11 of the U.P. Legal Metrology (Enforcement) Rules, 2011. The licensees at the time of making application submit affidavit that they have not been convicted by any court of law nor any criminal proceeding is pending against them. The object of taking such affidavit is to ensure that licence is not granted to the person with criminal antecedents. It has come to the notice of the department that licensees often misrepresent themselves as officers of the department and harass the traders and businessmen, which is damaging the image of the department. Therefore, it is essential that such activities are stopped. 3. Accordingly, direction has been issued that the character of the existing licensees be got verified from the District Magistrate/Superintendent of Police and relevant report be submitted. In pursuance of the said circular letter, the Senior Inspector, Legal Metrology, Chandauli has issued communication dated 28.6.2025 directing all authorities and officers under Versus Counsel for Petitioner(s) : Kamal Kumar Singh Counsel for Respondent(s) : C.S.C. M/S New Purwanchal Balance Repairing Works .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) him to get the character of the existing licensees verified and forward their character certificates. 4. The case of the petitioner is that the respondents cannot insist for such certification. It is submitted that the Uttar Pradesh Legal Metrology (Enforcement) Rules, 2011 was amended on 20.6.2025, whereby it has been provided for the first time that new applicants seeking licence have to submit character certificates and affidavits in enclosed proforma. It is urged that the said stipulation would apply only to new licensees and not to the existing licensees. 5. In our considered opinion, the department is not debarred from getting the antecedents of the existing licensees verified. Admittedly, till date, the licence of the petitioner has not been cancelled. In case any action is initiated against the petitioner on the basis of any input received by the department regarding his antecedents, it shall be open to the petitioner to raise all possible pleas and in which event, nothing observed herein would come in the way of the authorities in deciding the pleas, as may be taken by the petitioner. 6. Accordingly, the writ petition stands disposed of. September 12, 2025 Anil WRIC No. 26267 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad