Sushama Kumari @ Sushama V. The Union of India and The Director, UIDAI Regional Office, Patna and The Director, UIDAI Regional Office, Ranchi and The Secretary, Income Tax Department, PAN issue Unit and The Secretary, Office of Chief Electoral Officer, Patna and The Secretary, Department of Agriculture and Farmers Welfare and The Inspector General of Registration and Stamp, Patna and The Circle Officer, Obra, Aurangabad and The Registrar, Gram Panchayat, Obra and Arun Kumar and Pramila Kumari

CWJC/5770/2023

AI Insights

The case involves a writ petition filed by Sushama Kumari against multiple respondents including the Union of India and various government officials. The petitioner sought judicial intervention to cancel and reverify several government-issued documents and benefits allegedly obtained through forgery and fraud by the respondents, Arun Kumar and Pramila Kumari. The documents in question included Aadhar Cards, PAN Cards, Voter ID Cards, Birth Certificates, and benefits under the Pradhan Mantri Kisan Samman Nidhi Yojana. After initial arguments, the petitioner's counsel chose not to press the writ petition but requested the court to allow the petitioner to explore other legal remedies.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 693854 (HC-PATNA)
• Appeal Type: Others
• Pronouncement Date: 16-10-2023
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: TUHIN SHANKAR; A SINHA; REWTI RAMAN
• Assessee Lawyers: AKHILESH SRIVASTAVA; ANJANI PARASHAR
• Keywords: Certiorari; Certiorari; Forgery; Fraud; Mandamus; PAN card; Aadhar Card; Voter ID Card; Birth Certificates; Pradhan Mantri Kisan Samman Nidhi Yojana

Judgement Text

"IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5770 of 2023 ====================================================== Sushama Kumari @ Sushama W/o-Aditya Kumar, R/o Mohalla-Budha Mahadev Mandir, Ward No. 28, P.S.-Aurangabad (T), District-Aurangabad (Bihar). At Present 4/6, Mittal Residency, Near Carmel School, East Singhbhum, P.S.-Sonari, District-Jamshedpur. ... ... Petitioner/s Versus 1. The Union of India. 2. The Director, UIDAI Regional Office, 4th Floor, Lalit BHawan, Bailey Road, Jawaharlal Nehru Marg, Patna, Bihar-800001. 3. The Director, UIDA), Refional Officer, 1st Floor, JIADA Central Office Building, Namkum Industrial Area, Near STPL, Lowadih, Ranchi-834010. 4. The Secretary, Income Tax Department, PAN issue Unit, Department of Revenue, Ministry of Finance, Government of India. 5. The Secretary, Office of Chief Electoral Officer, 7 Sardar Patel Marg, Mangles Road, Patna-800015. 6. The Secretary, Department of Agriculture and Farmers Welfare, Krishi Bhawan, New Delhi-110001. 7. The Inspector Genral of Registration and Stamp, Vikas Bhawan, Bailey Road, Patna-800001. 8. The Circle Officer, Obra, Aurangabad, Bihar-824124. 9. The Registrar, Gram Panchayat, Obra, Department of Planning and Development, Government of Bihar. 10. Arun Kumar S/o-Late Fakira Singh R/o Shri Krishna Nagar, P.S. and P.O.- Obra, Aurangabad. 11. Pramila Kumari W/o-Arun Kumar R/o Shri Krishna Nagar, P.S. and P.O.- Obra, Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhilesh Kumar Srivastava, Adv. Mr.Anjani Parashar, Adv. For the Respondent/s : Mr. Tuhin Shankar, CGC For the Income Tax : Mrs. A.Sinha, Sr. SC For the State : Mr. Rewti Kant Raman, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 2 16-10-2023 The present writ petition has been filed seeking the following reliefs:- Patna High Court CWJC No.5770 of 2023(2) dt.16-10-2023 2/4 “1(i). For the issuance of a writ of mandamus and/or, any other appropriate writ/ direction/order directing the Respondent Nos. 1 to 9, to cancel one of the two Aadhar Cards, PAN Cards, Voter Id Cards issued to the Respondent Nos. 10 & 11, six out of around nine Birth Certificates issued to the children of Respondent Nos. 10 and 11, title deed and the certificate issued to Respondent Nos. 10 & 11 for providing benefit of Pradhan Mantri Kisan Samman Nidhi Yojana in as much the same have been secured by the Respondent Nos. 10 and 11 by forgery and fraud and also by misleading and/or in connivance of with some officials of the respondent authorities. (ii). For the issuance of a writ in the nature of certiorari, and/or any other writ / direction / order commanding the Respondents no. 1 to 9 to produce before this Hon'ble Court the documents relied upon, verified and the entire procedure followed/ proceedings conducted before issuing the two Aadhar Cards, two PAN Cards, two Voter Id Cards issued to Respondent Nos. 10 & 11, around nine Birth Certificates issued to the children of Respondent Nos.10 and 11, title deed/s and certificate/s for providing benefit of Pradhan Mantri Kisan Samman Nidhi Yojana issued to the Respondent Nos. 10 & 11. (iii). For the issuance of a writ in the nature of mandamus, and or any other writ/ direction/order commanding the Respondent Nos 1 to 9 to recheck Patna High Court CWJC No.5770 of 2023(2) dt.16-10-2023 3/4 and reverify the authenticity of documents furnished by the Respondent Nos. 10 & 11 for securing the issue of Aadhar Cards, PAN Cards, Voter Id Cards, 9 Birth Certificates to the children of Respondent Nos. 10 & 11, Title Deed/s and certificate/s for availing benefit of Pradhan Mantri Kisan Samman Nidhi Yojana, the Adhar Cards, PAN Cards, Voter Id Cards issued to Respondent Nos. 10 & 11, 9 Birth Certificates issued to the children of Respondent Nos. 10 & 11, Title Deed/s and certificate/s for availing benefit of Pradhan Mantri Kisan Samman Nidhi Yojana issued by the respondent authorities themselves as well as any other documents relied upon by them for issuing those Aadhar Cards, PAN Cards, Voter Id Cards, 9 Birth Certificates to the children of Respondent Nos. 10 & 11, Title Deed/s and certificate/s for availing benefit of Pradhan Mantri Kisan Samman Nidhi Yojana etc. (iv). For the issuance of a writ in the nature of mandamus, and or any other writ/direction/order commanding the respondent authorities to cancel the documents, deeds and benefits provided on the basis of forged documents and information and institute criminal and other legal proceedings to prosecute Respondent Nos. 10 & 11 for committing fraud and forgery in securing those documents, deeds and certificates, recover the illegal benefits availed by the Respondent Nos. 10 & 11 and restore the position prevailing before the issue of Patna High Court CWJC No.5770 of 2023(2) dt.16-10-2023 4/4 those documents, deeds and certificates etc. and remedy the situation removing the prejudice caused to Petitioner and public at large; (v). For the issuance of a writ in the nature of mandamus, and or any other writ/direction/order commanding the respondent authorities to act on the written complaints made to them inasmuch as the duplicate Aadhar, PAN, Voter ID cards and replacing the name of Petitioner's father as his own father in various such documents including the land records and Bank accounts not only prejudiced the petitioner but is also against public interest and are ex facie fraud against the those Government authorities.” 2. After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted. 3. The writ petition stands dismissed as not pressed. Ajay/- (Mohit Kumar Shah, J) U "