Court No. - 32
Case :- WRIT - C No. - 24770 of 2019 Petitioner :- Samar Bahadur Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushila Devi,Murtuza Ali Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard Sushila Devi Tiwari, Advocate assisted by Sri Murtuza Ali, learned counsel for the petitioner and learned Standing Counsel on behalf of the State respondents.
This writ petition has been filed, inter alia, for the following reliefs:-
"i. Issue a writ order or direction in the nature of Certiorari for quashing of the order issued by the Learned District Magistrate, Ballia dated 19.06.2019 (Annexure-1) to this writ petition.
ii. Issue a writ order or direction in the nature of Mandamus commanding the respondents not to interfere in the peaceful working of the petitioner in respect of the Government Contracts and to not to create any obstacle in the working and functioning of the Petitioner in respect of various Contracts awarded to him."
Learned counsel for the petitioner submitted that on the basis of a complaint made by one Virendra Chaurasia regarding pendency of a criminal case against him, the District Magistrate, Ballia by the order impugned dated 19.06.2019 has cancelled the character certificate granted to him. He further submitted that in the said case a final report has been submitted in favour of the petitioner, therefore, there is no justification for cancelling the character certificate granted to the petitioner.
Learned Standing Counsel in reply submits that the petitioner has obtained the character certificate by concealing the material fact, therefore the District Magistrate, Ballia has rightly cancelled the character certificate obtained by him and there is no illegality in passing the said order.
Heard learned counsel for the petitioner and perused the records.
From the perusal of the record it is apparent that the petitioner had obtained the character certificate from the District Magistrate by concealing the fact that on the date he applied for character certificate there was a criminal case pending against him, being Case Crime No. 41A/2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120B and 349 I.P.C. So far as the submission of final report is concerned, the same has not been accepted by the Magistrate concerned till date. Therefore, the District Magistrate is justified in cancelling the character certificate, which was obtained by the petitioner by concealing the material fact. There is no illegality in the order impugned, which may warrant any interference by this Court.
However, it is provided that in case the final report with regard to the case pending against the petitioner is accepted by the court below, it would be open to the petitioner to file a fresh application before the District Magistrate, Ballia enclosing a copy of the order of the court below with regard to the acceptance of final report. In case such application is filed, the District Magistrate shall pass a fresh order in accordance with law.
With the above observation/direction, the present writ petition is disposed of.
Order Date :- 30.7.2019 Pkb/