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Allahabad High Court

NEETU DEVIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Block Development Officer must accept the late fee and issue the corrected date of birth certificate within one month.

Summary

Neetu Devi filed a writ petition seeking a corrected date of birth certificate after the Sub‑Divisional Magistrate ordered issuance upon payment of a late fee. The Block Development Officer refused to accept the fee and issue the certificate. The High Court examined the magistrate's order and the officer's duty to comply. It directed the Block Development Officer to accept the late fee and issue the corrected certificate within one month. The Court also warned that any concealment by the petitioner could lead to a recall application.

Issues considered

  • Whether the Block Development Officer is obligated to accept the late fee and issue the corrected date of birth certificate as directed by the Sub‑Divisional Magistrate.
  • Whether the petitioner is entitled to relief under the writ jurisdiction for the administrative refusal to comply with the magistrate's order.

Subjects

  • date of birth certificate
  • late fee
  • writ petition
  • administrative law
  • magistrate order
  • compliance

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 32160 of 2026

                                    Neetu Devi
                                                                                                    .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                      :    Ram Prasad Dubey
                                    Counsel for Respondent(s)                      :    C.S.C.

                                    Court No. - 40
                                                     HON'BLE SARAL SRIVASTAVA, J.
                                                     HON'BLE SUDHANSHU CHAUHAN, J.

                                    1. Heard learned counsel for the petitioner and learned Standing Counsel for
                                    the State-respondents.

                                    2. It is contended that despite the respondent No.3-Sub Divisional
                                    Magistrate, Khadda, District Kushinagar has recommended for issuance of
                                    corrected date of birth certificate on payment of late fee, the respondent
                                    No.4-Block Development Officer, Khadda, District Kushinagar is not
                                    issuing the date of birth certificate to the petitioner. It is further contended
                                    that the respondents are not accepting the late fee in compliance of the order
                                    of the respondent No.3-Sub Divisional Magistrate, Khadda, District
                                    Kushinagar, enclosed as Annexure No.4 to the writ petition.

                                    3. In such view of the fact, we dispose off the writ petition directing the
                                    respondent No.4-Block Development Officer, Khadda, District Kushinagar
                                    to accept the late fee in compliance of the order dated 12.02.2026 passed by
                                    the respondent No.3-Sub Divisional Magistrate, Khadda, District Kushinagar
                                    and issue the corrected date of birth certificate to the petitioner within a
                                    period of one month from today.

                                    4. It is made clear that if there is any concealment of fact by the petitioner in
                                    obtaining the present order, the respondents shall have the liberty to file
                                    recall application to recall the said order.

                                    September 9, 2026
                                    SS
                                                               (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)




Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad


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