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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