Statutory authorities have a duty to act promptly against fraud, and their inaction constitutes dereliction of duty, particularly in safeguarding citizens' identity.

JUDGMENT :

Jitendra Jain, J.

1. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. By consent of the parties, matter is heard finally since the pleadings are complete.

2. This is a matter where all the statutory, regulatory and law enforcement agencies remained stand still for five years from the fraud having surfaced till today more so when the fraud was committed on these very authorities which should have awakened them and they ought to have moved with lightning speed for discharging their duties to set criminal action in motion.

3. The Petitioner by this petition under Article 226 of the Constitution of India has sought for following reliefs:-

“(a) That this Honourable Court be pleased to issue Writ of Mandamus or Writ in the nature of Mandamus directing

(i) Union of India, through its Income Tax Department to cancel and suspend as well as inquire into the bogus PAN card Number ACVPL3264C.

(ii) Direct the Unique Identification Authority of India to suspend and cancel the Aadhaar Card Number 592509117750.

(iii) To direct the Andhra Bank having branch at Navrangpur Branch to freeze the account number 087211100005020 and close it.

(iv) Issue direction directing the Chief Commissioner, Gujrat State GST, and Ahmedabad to suspend the GST Registration of No.24ACVPL3264C1ZL.

(v) To inquire into the grievance of the present Petitioner within such period as this Honourable High Court may deem fit and proper.

(b) During the pendency of this petition, be pleased to direct the Respondents therein to suspend the PAN Number ACVPL3264C, Aadhaar Number 592509117750, Bank Account No. 087211100005020 and GST Certificate No.24ACVPL3264C1ZL.

(bb) Be please to direct the Unique Identification Authority of India and Union of India through Income Tax department to issue and fresh Aadhaar Card and PAN Card of the Petitioner herein by restoring the original identity of the Petitioner herein.

(c) Ad-interim relief in terms of prayer clause (b)

(cc) This Hon’ble Court be pleased to restrain the proposed Respondent namely, Commissioner of State Tax, Government of Gujarat, from taking steps on the basis of the Order of Attachment dated 20/05/2024.

(e) Any other relief deemed fit and proper may please be granted in favour of the Petitioner herein (ee) Ad-interim relief as per prayer clause (c).”

4. Brief Facts :-

(i) The Petitioner is an individual staying in Mumbai and is running a small provisional store and earns his livelihood from the said business activity.

(ii) On 28 December 2019, a legal notice was received by the Petitioner from a Rajkot based Advocate. The said notice was sent on behalf of one Mr. Chetankumar Tulsibhai Savera stating therein that the Petitioner has failed to pay rent and, therefore, sum of Rs.75,000/- was demanded towards default in rent of a property at Rajkot.

(iii) The Petitioner’s Advocate replied to the said notice and denied the allegations made therein. The Petitioner specifically stated that he has never entered into leave and license agreement referred to in the notice. He further replied that there appears to have been a fraud committed by using the Petitioner’s identity and the Petitioner has no connection with M/s. Metro International Trading Company in any manner whats