Allahabad High Court Denounces Practices Of Bar Association Issuing Single Receipt For Photo Affidavit & Welfare Scheme Charging Higher Than Prescribed Amount

The Allahabad High Court has denounced the practices of the Bars of Allahabad and Oudh where the former is issuing single receipt for Photo Affidavit and Welfare Scheme thereby charging higher amount than the prescribed amount of ₹125/- in the latest circular and the latter omitting mentioning it at all.

The Court was considering a Special Appeal cropping the question with the regard to the implementation of the office memorandum affixing fees of Photograph Affidavit to ₹125/-

The division bench of Justice Attau Rahman Masoodi and Justice Shree Prakash Singh observed, "The Oudh Bar Association in the receipts issued merely generates the receipt numbers and does not mention the amount of Rs.125/- on the photographed receipts, whereas, the receipts issued at Allahabad, bear a single receipt number both for issuance of a passport size photograph together with the identification number and the same receipt number is issued for charging an additional amount of Rs.475/- against ‘Adhivakta Nidhi’. Any receipt issued for accepting the money under welfare scheme cannot be allowed to form a part of the requirement as per the circular dated 22.11.2024. Both the Bar Associations at High Court Allahabad and Lucknow admit this anomaly."

The Appellant was represented by Advocate Satyanshu Ojha while the Respondent was represented by C.S.C.

The Court embarked on to dispel any confusion as regards the implementation of the circular dated November 22,2024 as is applicable in so far as the process of photo affidavit rates and it’s realization for generating identification number and asserted that the rates fixed for such a purpose is ₹125/- only per identification number, which is permitted to be charged by the respective Bar Associations of the High Court at Allahabad and Oudh Bar Association for Lucknow Bench, Lucknow.

It took note of the complaints regarding realization of some higher amounts by the Bar Associations at the Photograph Affidavit Centre and noted, "In so far as the applicability of the office memorandum dated November 22, 2024 is concerned, there does not appear to be any dispute between the parties for implementation of the same. Both the Bar Associations have conceded to the position that the Photograph Affidavit Centres for the purpose of generation of a passport size photograph together with the identification number cannot realize more than Rs.125/- for issuance of such a formality at the Photo Affidavit Centre. The facility of passport size photograph together with identification number is also admitted to be @ Rs.125/-."

The Court pointed out that on the receipts generated by the Bar Association at Allahabad for issuance of passport size photograph together with the identification number, there is a common receipt number for realizing the money for photo affidavit and the contribution under the welfare scheme while the Oudh Bar Association at Lucknow, does not mention the amount of Rs.125/- charged for the purpose of photography and generation of identification number.

It denounced the prevalent practices at both the Bars and ordered, "Both the Bar Associations being in agreement are directed to re-model the receipts issued so as to be in conformity with the circular dated 22.11.2024 at the earliest and preferably within a period of 15 days from the date of receipt and circulation of this order by the Registrar General of this court."

The Court clarified emphatically that no litigant for institution of the proceedings before it will be compelled to deposit any amount higher than what is prescribed in the aforesaid office memorandum dated November 22, 2024.

The Special Appeal was accordingly disposed of.

Cause Title: High Court Bar Association Allahabad vs. State Of U.P (2025:AHC-LKO:37561-DB)

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