Amit Kumar v. Nsdl
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14749 of 2024 ====================================================== Amit Kumar S/o Manoj Kumar Resident of Bapu Pustakalaya, Town/VillageKatauna, Anchal- Katrisarai, District- Nalanda, Bihar-805130. ... ... Petitioner/s
Versus
1.
NSDL through its Authorized Representative/ Trade World, A wing, 4th Floor, Kamala Mills Compound, Lower Parel, Mumbai-400013. 2.
The Principal Chief Commissioner of Income Tax (Bihar and Jharkhand Region) 1st floor, Central Revenue Building, Birchand Patel Marg, Patna800001. 3.
Amit Kumar S/o Manoj Kumar R/o- 2056 Janta Flats, GT Enclave, Nand Nagri, District -Delhi, Delhi-110093.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Surbhi Suman, Adv.
For the Respondent/s :
Ms.Archana Sinha @ Archana Shahi, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2024
1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction for a direction to the respondent authorities for updating the new Pan No. of the respondent no.3, in all financial institutions/portals from where he has taken the loans.
(ii) For issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction for directing the respondent authorities to issue notification and publish information to the effect that the petitioner, who is possessing Pan No.DXDPK5222B, has never taken loan from any
Patna High Court CWJC No.14749 of 2024(2) dt.26-09-2024 2/3 financial institution and loans have been taken by the respondent no.3.
(iii) For issuance of a writ in the nature of Mandamus, directing the respondent authorities to hold an inquiry in the matter, as to why same Pan Number has been allotted to two different persons having similar names, especially in view of the fact that the petitioner was allotted Pan number earlier, hence, the respondent no.3 could not have been allotted the same Pan number later.
(iv) For providing remedy or alternate solution in light of notification no.F. No. ADG(S)-1/ PAN/ 2020-21/ 6177 ITBA-PAN, INSTRUCTION No. 9 dated 25.03.2021, issued by Directorate of Income Tax Systems.
(v) For issuance of a writ in the nature of Mandamus directing for paying compensation of Rs.5 lacs/- as damage to his reputation, which the petitioner has suffered due to negligence of the respondents."
2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent no.2, i.e. the Principal Chief Commissioner of Income Tax, Bihar and Jharkhand Region, Patna, for redressal of his aforesaid grievances, by filing appropriate representation. Liberty so sought is granted.
3. It is needless to state that in case appropriate
Patna High Court CWJC No.14749 of 2024(2) dt.26-09-2024 3/3 representation is filed by the petitioner, before the respondent no.2, i.e. the Principal Chief Commissioner of Income Tax, Bihar and Jharkhand Region, Patna, within a period of two weeks from today, the respondent no.2, i.e. the Principal Chief Commissioner of Income Tax, Bihar and Jharkhand Region, Patna, shall consider the same, in accordance with law and pass a reasoned and a speaking order, within a period of six weeks, thereafter.
4. The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) sonal/- U