Hon'ble Jaspreet Singh,J.
The Court has been convened through Video Conferencing.
Heard Shri Praveen Kumar Tripathi, learned counsel for the petitioner and Shri H.P. Srivastava, learned Additional Chief Standing Counsel for the State-respondents.
Learned counsel for the petitioner submits that the father of the petitioner was an original allottee of the fair price shop in Village Kumbhi - Deeha, Pargana - Atheha, Block - Sangipur, District Pratapgarh. The father of the petitioner expired on 27.06.2020. Thereafter, the petitioner applied for the allotment of fair price shop under the dying-in-harness Rules and made an application to the Sub-Divisional Magistrate on 16.07.2020.
An order was passed by the Sub-Divisional Magistrate, Tehsil - Lalganj, District Pratapgarh dated 25.08.2020 allotting the fair price shop to the petitioner in terms of the Government Order and also required the petitioner to furnish certain necessary documents which amongst other includes a character certificate.
It is submitted that the petitioner has made an application with the relevant enclosures and affidavit to the District Magistrate, Pratapgarh on 05.08.2020 for issuance of the character certificate, however, till date no decision has been taken and the petitioner is being subjected with great prejudice.
The petitioner submits that a direction in the nature of mandamus be issued commanding the respondent No.2 to take a decision on the application of the petitioner dated 05.08.2020.
On the other hand, learned Additional Chief Standing Counsel for the State-respondents submits that he has no objection in case a direction is issued to the District Magistrate, Pratapgarh to take a decision on the pending application of the petitioner.
Considering the facts and circumstances, we are of the view the no gainful purpose would be served in keeping the aforesaid petition pending. Accordingly, we dispose of the writ petition with direction to the District Magistrate, Pratapgarh to consider and decide the application of the petitioner for issuance of character certificate of the petitioner, dated 05.08.2020 (if already not decided) within a period of four weeks, in accordance with law, from the date an authenticated copy is placed before him.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/ Authority/ Official.
The concerned Court/ Authority/ Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 Arnima