writ petition for deciding letter, representation given to d.m. sultanpur for issuing character certificate
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Code
No-
Group-
District-Sultanpur
IN THE HON'BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD,
SITING AT LUCKNOW
Writ
Petition No. 3206 of 2024 (Writ-C)
Reenu Devi
.........Petitioner
VERSUS
State
of U.P. and another .... Opposite parties
INDEX
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S. NO. |
PARTICULARS OF PAGES |
PAGES |
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1. |
Date & Events. |
|
|
2. |
Memo of writ petition. |
|
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3. |
Annexure No.1 The registered representation dated 21/03/2024.
|
|
|
4. |
Annexure No.2 A photo copy of letter No.120 dated
20.02.2024. |
|
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6. |
Affidavit along with |
|
|
7. |
I.D. Proof of deponent. |
|
|
8. |
Vakalatnama. |
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Lucknow: (Vinod Kumar Pandey)
Dated: Advocate
Counsel for the petitioner
A.O.R.-B/V-0839
Mob-9415381583
IN THE HON'BLE
HIGH COURT OF JUDICATURE AT ALLAHABAD, SITING AT LUCKNOW
WRIT
PETITION NO. of 2024 (Writ-C)
Reenu Devi
.........Petitioner
VERSUS
State
of U.P. and another .... Opposite parties
LIST OF DATES AND
EVENTS
|
S.N. |
Dates |
Events |
|
1. |
20.02.2024
|
The
petitioner’s Svayam Sahayata Samuh has been selected for allotting license of
a fair price shop by the Sub Divisional Magistrate, Tahsil Kadipur, District
Sultanpur for which character certificate of petitioner is mandatory. |
|
2. |
21.03.2024 |
The petitioner moved representation before
opposite party No.2 on 21.03.2024 for issuing her character certificate. |
|
3. |
……………. |
The opposite party No.2 did not decide the
representation dated 21.03.2024 represented by the petitioner till date. |
|
4. |
…………….. |
If
the character certificate of the petitioner will not be issued timely the
petitioner cannot get the license of fair price shop. |
|
5. |
……………. |
Hence this writ petition. |
Lucknow: (Vinod
Kumar Pandey)
Dated: Advocate
Counsel for the petitioner
IN THE HON'BLE
HIGH COURT OF JUDICATURE AT ALLAHABAD SITTING AT LUCKNOW
Writ Petition No. of 2024 (Writ-C)
100 Rs Stamp
Reenu Devi W/o Pankaj
Verma R/o-Village-Saraiya Kamaura, Tahsil- Kadipur, Police Station- Kadipur,
District- Sultanpur.
………………… Petitioner
Versus
1.
State of U.P. through Principal Secretary Revenue Department, Civil
Secretariate, U.P. Lucknow.
2.
District Magistrate/Collector, District- Sultanpur.
…..…….Opposite Parties.
WRIT PETITION UNDER ARTICLE-
226 OF THE CONSTITUTION OF INDIA
To,
The
Hon'ble Chief Justice and his other
Hon'ble
Companion Judges of the aforesaid
High
Court.
May
it Please Your Lordship:
The above-named petitioner, most
respectfully begs to submit as under: -
1. That
this is the first writ petition. The Petitioner has not filed earlier any other
writ petition on the subject matter, involved in writ petition in the same
matter and nature before this Hon'ble Court either at Allahabad or at Lucknow.
2. That,
it is relevant to mention here that as per the best knowledge of the petitioner
no case for the present cause of action has been filed or pending before the
Hon'ble Supreme Court or any court of law.
3. That
the petitioner has not received any information, notice or caveat application
from any of the opposite parties by registered post or otherwise.
4. That
the present writ petition is being preferred before this Hon’ble Court for seeking
direction to the opposite party No.2 to issue the character certificate of
petitioner and further be pleased to direct the opposite party No.2 to
consider/decide the representation of the petitioner, within stipulated period,
which is moved through registered post on 21/03/2024 before the District
Magistrate/Collector, District Sultanpur
i.e. the opposite party
No.2, for issuing character
certificate of the petitioner. The application dated 21/03/2024 is being
annexed herewith as Annexure No.1 to
this writ petition.
The
brief facts of the case are enumerated as follows: -
5. That
the petitioner’s Svayam Sahayata Samuh has been selected for allotting license
of a fair price shop by the Sub Divisional Magistrate, Tahsil Kadipur, District
Sultanpur for which character certificate of petitioner is required. A photo copy of letter No.120 dated
20.02.2024 given by Sub Divisional Magistrate Kadipur Sultanpur is being
annexed herewith as Annexure No.2 to this writ petition.
6. That
in pursuance of requirement of character certificate in the process of
allotment of fair price shop the petitioner submitted application on 21.03.2024
before the opposite party No.2 and till date he has not taken any action on the
aforesaid application. The true copy of application dated 21.03.2024, is
already annexed as Annexure No.1 to this writ petition.
7. That
the sufficient period has been passed and opposite party No.2 did not decide
the application dated 21.03.2024.
8. That
if the opposite party No.2 does not decide the application dated 21.03.2024 in
time the petitioner, will suffer irreparable loss and injury.
9. That
unless and until the aforesaid letter dated 23/02/2024 may not be decided, the
petitioner shall suffer irreparable loss and injury.
10.
That having no
other efficacious and alternative remedy left with the petitioner, the
petitioner invokes the extraordinary jurisdiction of this Hon’ble Court under
Article 226 of the Constitution of India, inter alias, on the following amongst
other grounds: -
GROUNDS
A. Because, the
present writ petition is being preferred before this Hon’ble Court for
direction to the opposite parties to consider/decide the representation of the
petitioner, within stipulated period, which is moved through registered post on
21/03/2024 before the District Magistrate/Collector, District Sultanpur i.e.
the opposite party
No.2, for issuing character
certificate of the petitioner.
B. Because, the
petitioner’s
Svayam Sahayata Samuh has been selected for allotting license of a fair price
shop by the competent authorities for which character certificate of petitioner
is mandatory.
C. Because, the
sufficient period has been passed and opposite party No.2 did not the
application dated 21.03.2024 given by petitioner for issuing her character
certificate.
D. Because, if
the opposite party No.2 does not issue the character certificate of the petitioner,
she will suffer irreparable loss and injury.
E. Because, unless
and until the aforesaid letter dated 21/03/2024 may not be decided the
petitioner shall suffer irreparable loss and injury.
PRAYER
Wherefore, it is most respectfully prayed that this Hon'ble Court may
kindly be pleased to: -
I.
Issue a writ, order or direction to the
opposite party No.2 i.e., District Magistrate/Collector, District Sultanpur to
issue the character certificate of petitioner in pursuance of application moved
before him with prescribed character certificate proforma on 21.03.2024 which
is contained as Annexure No.1
to this writ petition.
II.
issue direction to the opposite party
no.2 i.e., District Magistrate/Collector, District Sultanpur to consider/decide
the representation dated 21/03/2024, within stipulated period, which is
contained as Annexure No.1 to this writ petition.
III. issue any other order or direction which
this Hon’ble Court may deem fit, just and proper in the circumstances of the
case.
IV.
Allow the writ petition with cost in
favour of the Petitioner.
Lucknow: (Vinod Kumar Pandey)
Dated: Advocate
Counsel for the petitioner
IN THE HON'BLE
HIGH COURT OF JUDICATURE AT ALLAHABAD, SITING AT LUCKNOW
Writ Petition No. of 2024 (Writ-C
10 Rs
Stamp-Photo-Affidavit Coupan
Reenu Devi W/o Pankaj Verma
R/o-Village-Saraiya Kamaura, Tahsil- Kadipur, Police Station- Kadipur,
District- Sultanpur.
…. ………………… Petitioner
Versus
1. State of U.P. through
Principal Secretary Revenue Department, Civil Secretariate, U.P. Lucknow.
2. District
Magistrate/Collector, District- Sultanpur.
…..…….Opposite Parties.
AFFIDAVIT
1.
That the deponent is the husband of
petitioner and doing pairavi on behalf petitioner in the above-mentioned case
after being duly authorized by her and as such he is well conversant with the
facts and circumstances of the case deposed hereunder.
2.
That the contents of paras
……………………………….of the accompanying writ petition are true to my own knowledge and
those of paras…………………………..are based record and those of paras ……………………..are
based on legal advice believed to be true.
3.
That the Annexure No. 1 to with the writ petition are true
/Photocopies of their originals.
Lucknow:
Dated:
Deponent
VERIFICATION
I, the above-named deponent hereby verify
that the contents of paras 1 to 3 of this affidavit are true to my personal
knowledge. No part of it is false and nothing material has been concealed.
So,
help me God.
Lucknow:
Dated: Deponent
I,
identify the deponent, on the basis of documents produced by him, who has
signed before me.
Advocate
Solemnly affirmed before me on at
a.m. /p.m. by the deponent, Vaibhav Sharma, who is identified by Mr.
Vinod Kumar Pandey Advocate, Allahabad High Court, Lucknow Bench, Lucknow. AOR
No.-B/V -0839.
I have satisfied myself by examining the
deponent that he understands the contents of this affidavit, which have been
read over and explained by me.
Oath Commissioner
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