DR B RAMACHARY V. THE PRINCIPAL CHIEF COMMISSIONER

WP/11403/2015

AI Insights

Dr. B. Ramachary filed a writ petition under Articles 226 & 227 of the Constitution of India, seeking a mandamus to direct the first respondent to consider his application for a change of name on his PAN card to 'Dr. B. Ramachary'. The petitioner, having acquired a Doctorate of Philosophy in Sociology, requested this change through an online application. The respondents had previously requested additional details from the petitioner to process his application, which he had not provided. The court, noting the lack of response from the petitioner to the respondents' request, directed the petitioner to either provide the necessary details or submit a new application with all required information.

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 727125 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 25-06-2015
• Assessment Year: misc
• Laws Referred To: Articles 226 & 227 of the Constitution of India
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: K V ARAVIND; G VEERENDRA BABU
• Assessee Lawyers: HANUMANTHAPPA HARAVIGOUDAR
• Keywords: Income Tax Department; Mandamus; PAN card correction; Doctorate of Philosophy in Sociology

Judgement Text

" 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2015 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION NO.11403/2015 (GM-RES) BETWEEN: DR. B RAMACHARY S/O LATE BHADRACHAR AGED ABOUT 44 YEARS OCCUPATION:SELF EMPLOYED R/A NO.90, SRI VISHWAKARMA NILAYA MYSORE OOTY MAIN ROAD MUNESHWARNAGARA, MYSORE-570025 ... PETITIONER (BY SRI. HANUMANTHAPPA B HARAVIGOUDAR, ADV.) AND: 1. THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, QUEENS ROAD BANGALORE-560001 2. GOVERNMENT SERVICES DEPARTMENT OF INCOME TAX PAN SERVICES UNIT PLOT NO.3, SECTOR-11 CBD-BELAPUR, NAVI MUMBAI PIN:400614, STATE OF MAHARASHTRA BY ITS AUTHORISED OFFICER 3. INCOME TAX PAN SERVICE CENTRE MYSORE, REP. BY ITS AUTHORISED OFFICER CODE NO.31(KNR 209) UTI/ISL GOVT.SERVICES DEPT., MYSORE-570025 ... RESPONDENTS (BY SRI. K V ARAVIND, ADV. FOR R1 & 3 SRI G VEERENDRA BABU, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THE R-1 SHALL CONSIDER THE APPLICATION OF THE PETITIONER FOR CHANGE OF PAN CARD VIDE ANNEX-G THE 2 ONLINE APPLICATION NO.715508736 AND DIRECT THE RESPONDENTS TO ENTER PETITIONER'S NAME IN THE PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT, GOVT. OF INDIA AS DR.B.RAMACHARY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R The petitioner is before this Court seeking for issue of mandamus to direct the first respondent to consider the application of the petitioner for change of PAN card based on Online Application No. 715508736. The petitioner seeks that the respondents be directed to correct the name of the petitioner and indicate the same as Dr. B. Ramachary in the PAN card. 2. The petitioner contends that he has subsequently acquired Doctorate of Philosophy in Sociology from the University of Mysuru and in that view, he is entitled to call himself as Dr. B. Ramachary. The petitioner therefore has made an application through online seeking the said correction to be effected in the PAN Card issued 3 to him. The grievance of the petitioner is that the said application has not been considered by the respondents and as such appropriate direction be issued. 3. A perusal of the petition papers would disclose that while filing the application submitted by the petitioner seeking change in the PAN card, the respondents have issued a communication dated 09.02.2015 (Annexure-H) calling upon the petitioner to furnish the details sought for to consider the application. It has also been indicated therein that if the clarification is not provided within thirty days, the application would be filed thereafter which in effect would mean that the application would require no consideration after thirty days, if no clarification is received. There is no material on record to indicate that the petitioner has furnished the necessary clarification as sought for by the respondents. 4. In that view, it would be appropriate to direct the petitioner to furnish the clarification sought for by the 4 respondents or make a fresh application along with all necessary details including the details which have been sought by the respondents at the first instance. If such application is made, the third respondent would take note of the same and act pursuant thereto in accordance with law. 5. The application and the details shall be furnished to the third respondent with a copy of this order and the third respondent shall take a decision on the same and intimate the result thereof to the petitioner in an expeditious manner. Needless to mention that if the third respondent is satisfied with the particulars, the necessary corrections shall be effected to the PAN card of the petitioner. In terms of the above, the petition stands disposed of. Sd/- JUDGE hrp/bms "