Court No. - 45
Case :- WRIT - C No. - 17588 of 2021 Petitioner :- Bharat Lal Gupta Respondent :- State of U.P.
Counsel for Petitioner :- Ajay Sengar
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Heard Sri Ajay Sengar, counsel for the petitioner and learned Standing Counsel representing the State-respondents.
The petitioner is aggrieved by non-issuance of the character certificate by the respondents.
It is the contention of the petitioner that he is a Government contractor registered with the Chief Engineer, P.W.D., Region- Jhansi and Rural Engineering Department, U.P. at Lucknow since 1990 and has been regularly performing contracts for the said authorities since long, without there being any complaint and his work and conduct has always been found to the full satisfaction of the authorities. He further submits that for grant of government contract, the contractor is required to obtain a character certificate. The petitioner has applied for grant of character certificate before respondent No.2 on 4.1.2021, but the same has not been issued till date. Petitioner submits that a solitary case, being Case Crime No. 0913 of 2018, under Sections 323, 504, 506 I.P.C., Kotwali- Orai, District- Jalaun, is stated to be pending against him which has been lodged as a counter-blast by the father-in-law of the petitioner's daughter against whom, the petitioner has instituted Case Crime No. 0187 of 2016, under Sections 498A, 323, 504, 506, 313, 420 I.P.C. and 3/4 of the Dowry Prohibition Act, 1961, Kotwali- Orai, District- Jalaun.
Be that as it may, we are of the opinion that no fruitful purpose would be served by keeping the writ petition pending and we deem it appropriate to direct the District Magistrate, Jalaun, respondent No.2, to take a decision on the application of the petitioner dated 4.1.2021, regarding issuance of character certificate, expeditiously preferably within one month from serving a certified copy of this order.
Needless to say that we have not expressed any opinion on the merits of the case and the District Magistrate shall be at liberty to pass orders strictly in accordance with law.
Writ petition stands disposed off with the aforesaid direction.
Digitally signed by PRITINKER DIWAKER Date: 2021.11.01 13:45:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 25.10.2021 Vandana Digitally signed by ASHUTOSH SRIVASTAVA Date: 2021.11.01 13:45:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad