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2024 Supreme(Online)(MP) 12784
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 1st OF APRIL, 2024
WRIT PETITION No. 7067 of 2021
BETWEEN:-
SUSHIL KUMAR VERMA S/O MOHAN LAL VERMA,
AGED ABOUT 49 YEARS, OCCUPATION: DRIVER IN
OFFICE OF ADVATE GENERAL R/O NV 27, NANDAN
VIHAR,
SHANTI
NAGAR,
RAJIV
GANDHI
WARD,
JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ADITYA KHANDEKAR - ADVOCATE)
AND
1.
UNION OF INDIA THR ITS SECRETARY MINISTRY
OF FINANCE, NORTH BLOCK, RAISENA HILL,
NEW DEHLI (DELHI)
2.
INCOME
TAX
OFFICER INCOME
TAX
D EPARTM EN T AAYEKAR
BHAWAN,
C.R.
BUILDING, 2ND, FLOOR, NAPIER TOWN, JABALUR
(MADHYA PRADESH)
3.
SUPERINTENDENT OF POLICE, POLICE DEPTT.
CIVIL LINES , DISTT. JABALPUR (MADHYA
PRADESH)
4.
JDIT (SYSTEMS) INCOME TAX DEPARTMENT
AAYAKAR
BHAWAN,
HOSHANGABAD
ROAD,
NEAR
MAIDA
MILLS,
BHOPAL
(MADHYA
PRADESH)
5.
BRANCH
MANAGER
CREDIT
INFORMATION
BUREAU (INDIA) LIMITED (CIBIL) ONE INDIA
BULLS
CENTRE,
TOWER
2A,
19TH
FLOOR,
SENAPATI
BAPAT
MARG,
MUMBAI,
(MAHARASHTRA)
6.
SUSHIL KUMAR VERMA S/O SHRI MUNNILAL
OCCUPATION: NOT MENTION GRAM PEDIYA
KHAS, POST MAJHAUWAMEER, JAMDA, SHAHI,
1
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 4/4/2024
10:13:27 AM
Signature Not Verified
BASTI (UTTAR PRADESH)
.....RESPONDENTS
(SHRI SIDDHARTH SHARMA - ADVOCATE FOR RESPONDENT NO.1, 2
AND 4, MS. SOMYA DIXIT - PANEL LAWYER FOR RESPONDENT NO.3, MS.
AMRIT KAUR - ADVOCATE FOR RESPONDENT NO.5 )
This petition coming on for admission this day, the court passed the
following:
Aditya Khandekar,Deputy Solicitor General
ORDER
The grievance of petitioner is that Income Tax Department issued Permanent Account Number (PAN) AJHPV 6984A to the petitioner and later on the same PAN number was also issued to respondent No.6, who has obtained loan and is a defaulter, therefore, due to same PAN number, CIBIL score of petitioner has been affected adversely.
2. The petitioner is not only aggrieved by the allotment of PAN number, which is identical to the PAN number allotted to another person, but is also aggrieved by consequence of the same as CIBIL rating of the petitioner comes down due to financial condition of respondent No.6.
3. During the pendency of present petition, mistake was corrected by Income Tax Department by accepting that petitioner is the first allottee of the PAN No.AJHPV 6984A and department cancelled the allotment of same number to respondent no.6, which was allotted inadvertently and respondent No.6 is now expected to replace PAN number CCVPV0205P in all relevant documents allotted to him by Income Tax Department.
4. CIBIL has also filed the reply in the matter and submitted that the credit score may be corrected only upon receipt of the information from the concerned Bank's.
5. In view of above facts and circumstances, grievance of petitioner in respect of issuance of PAN card of same number to respondent no.6 has already been resolved. However, petitioner is at liberty to approach the authorities concerned for correction in CIBIL credit score of petitioner. As the ambiguity arose due to erroneously assigning same PAN number to two persons, it is directed that Income Tax Department shall forward a letter to Credit Information Bureau (India) Ltd. (CIBIL)/respondent No.5 informing about the issuance of same PAN number to petitioner as well respondent No.6 and clarifying the position, within a period of one month from the date of receipt of copy of this order.
6. In the letter, Income Tax Department shall intimate to respondent No.5 that the department has already issued new number CCVPV0205P to respondent No.6 and the department is not having any objection in correction of CIBIL score of petitioner.
7. With the aforesaid observation, present petition is disposed of. No order as to costs.
(VINAY SARAF) JUDGE irfan
