Case Note & Summary
The Bombay High Court heard a writ petition under Article 226 of the Constitution of India filed by an individual residing in Mumbai who ran a small provisional store. The petitioner alleged that his identity had been fraudulently misused to obtain a PAN card, Aadhaar card, bank account, and GST registration in his name without his knowledge or consent. The fraudulent documents were used to conduct transactions, leading to multiple legal notices demanding payment and initiating proceedings under Section 138 of the Negotiable Instruments Act, 1881. On 28 December 2019, the petitioner received a legal notice from a Rajkot-based advocate on behalf of one Chetankumar Tulsibhai Savera, demanding Rs.75,000 towards default in rent of a property at Rajkot. The petitioner's advocate replied denying the allegations and stating that he never entered into any leave and license agreement and had no connection with M/s. Metro International Trading Company. On 14 February 2020, the petitioner received another notice under Section 138 of the NI Act from an Ahmedabad-based advocate on behalf of Shri Rajkumar K. Agrawal for dishonour of a cheque of Rs.13,83,200 drawn by M/s. Metro International Trading Company. The petitioner's advocate replied on 2 March 2020, again denying any connection and alleging fraud via identity misuse. The petitioner received several other similar notices under Section 138 and replied consistently that his identity had been misused. On 27 January 2020, the petitioner filed a complaint with Dadar Police Station, Mumbai, reporting identity misuse and the legal notices. On 11 March 2020, Dadar Police Station informed him that an incident of cheating had been reported in Gujarat using his Aadhaar and PAN cards and advised him to approach authorities in Gujarat as the offence was committed there. On 4 March 2020, the petitioner's advocate wrote to Andhra Bank at Ahmedabad stating that the petitioner had not opened any account with that branch and had never visited Gujarat, and brought the Section 138 notices to the bank's attention. The petitioner then filed the present writ petition seeking directions: to the Union of India through the Income Tax Department to cancel and suspend bogus PAN card number ACVPL3264C; to the Unique Identification Authority of India to suspend and cancel Aadhaar card number 592509117750; to Andhra Bank Navrangpur branch to freeze account number 087211100005020 and close it; to the Chief Commissioner, Gujarat State GST, Ahmedabad to suspend GST registration number 24ACVPL3264C1ZL; and to the UIDAI and Income Tax Department to issue fresh Aadhaar and PAN cards restoring the original identity. The petitioner also sought to restrain the Commissioner of State Tax, Government of Gujarat, from taking steps based on an order of attachment dated 20 May 2024. The court observed that all statutory, regulatory, and law enforcement agencies had remained standstill for five years from the fraud having surfaced, despite the fraud being committed on these very authorities, and that they ought to have moved with lightning speed to set criminal action in motion. The matter was heard finally with consent of parties, and judgment was reserved on 14 July 2025 and pronounced on 21 July 2025. The available text does not include the final operative order or detailed legal analysis.
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus under Article 226 of the Constitution of India directing the respondents to cancel or suspend the bogus PAN card, Aadhaar card, bank account, and GST registration, and to restore the petitioner's original identity, in view of alleged identity fraud.
Case Details
2025 LawText (BOM) (07) 36
Writ Petition No.3586 of 2021
M. S. Sonak, Jitendra Jain
Dr. Uday Warunjikar, Mr. Jenish D. Jain, Mr. Jitendra B. Mishra, Mr. Ashutosh Mishra, Mr. Rupesh Dubey, Mr. Pradeep Yadav, Mr. Nainesh Amin
1. Unique Identification Authority of India (UIDAI), 2. Chief Commissioner, Gujarat State GST, 3. UTI Infrastructure & Technology Service Ltd., 4. Union of India, 5. Chief Commissioner of Income Tax, 6. Manager, Union Bank of India, 7. Commissioner of State Tax, Government of Gujarat
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Nature of Litigation
Writ petition under Article 226 of Constitution of India seeking directions to cancel/suspend fraudulent identity documents and freeze bank account, and to restore original identity.
Remedy Sought
Petitioner sought writ of mandamus directing Union of India through Income Tax Department to cancel and suspend bogus PAN card Number ACVPL3264C; UIDAI to suspend and cancel Aadhaar Card Number 592509117750; Andhra Bank Navrangpur Branch to freeze account number 087211100005020; Chief Commissioner Gujarat State GST to suspend GST Registration No.24ACVPL3264C1ZL; and to issue fresh Aadhaar and PAN cards restoring original identity.
Filing Reason
Petitioner alleged that his identity was misused to create bogus PAN and Aadhaar, open bank account, obtain GST registration, and engage in transactions resulting in multiple legal notices under Section 138 NI Act.
Previous Decisions
No previous decisions mentioned in the available text; Dadar Police Station informed petitioner on 11 March 2020 that cheating was reported in Gujarat and advised approaching Gujarat authorities.
Issues
Whether a writ of mandamus under Article 226 should be issued directing respondents to cancel/suspend bogus PAN, Aadhaar, bank account, and GST registration and restore original identity.
Whether the alleged inaction of statutory authorities in taking action on fraud warrants judicial intervention.
Submissions/Arguments
Petitioner contended that his identity was misused to create bogus PAN/Aadhaar, open bank account, obtain GST registration, and that he had no connection with M/s. Metro International Trading Company or the transactions.
Petitioner sought cancellation/suspension of fraudulent documents and restoration of original identity.
Judgment Excerpts
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.
The Petitioner by this petition under Article 226 of the Constitution of India has sought for following reliefs:- ...
On 28 December 2019, a legal notice was received by the Petitioner from a Rajkot based Advocate... 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.
On 14 February 2020, the Petitioner was once again shocked to have received a notice under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) from Ahmedabad based Advocate on behalf of Shri Rajkumar K. Agrawal for dishonour of a cheque for an amount of Rs.13,83,200/- drawn by M/s. Metro International Trading Company.
Procedural History
On 27 January 2020, petitioner filed complaint with Dadar Police Station, Mumbai, reporting identity misuse. On 14 February 2020, received notice under Section 138 NI Act and replied on 2 March 2020. On 4 March 2020, advocate addressed letter to Andhra Bank at Ahmedabad. On 11 March 2020, Dadar Police Station informed petitioner that cheating was reported in Gujarat and advised approaching Gujarat authorities. Writ petition filed in 2021; reserved on 14 July 2025 and pronounced on 21 July 2025.
Acts & Sections
- Constitution of India: Article 226
- Negotiable Instruments Act, 1881: Section 138
