Reshma Prasad v. The Union of India, Delhi/The Department of Revenue, Delhi/TheCBDT, Delhi/The Pr. Director General of Income Tax (System), New Delhi/The Pr. Director General of Income Tax (Administration), New Delhi
[Citation -2017-LL-0919-14]

Citation 2017-LL-0919-14
Appellant Name Reshma Prasad
Respondent Name The Union of India, Delhi/The Department of Revenue, Delhi/TheCBDT, Delhi/The Pr. Director General of Income Tax (System), New Delhi/The Pr. Director General of Income Tax (Administration), New Delhi
Court HIGH COURT OF PATNA
Relevant Act Income-tax
Date of Order 19/09/2017
Judgment View Judgment
Keyword Tags public interest • permanent account number • aadhaar number
Bot Summary: Respondent/s Appearance : For the Petitioner/s : Mr. Vikash Kumar Pankaj, Advocate For the Respondent/s : Mr. Rajesh Kumar Verma, C.G.C. Mrs. Archana Sinha, Advocate CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 19-09-2017 This writ petition has been filed in public interest and challenge is made to the notification issued by the Union of India in the department of Finance in the matter of linking Aadhar Card with PAN Card. Inter alia contending that in cases of transgenders, in the view of the law laid down by the Supreme Court in the case of National Legal Services Authority Vs. Union of India Ors.- 5 SCC 438, the right of the transgenders would be adversely affected if the aforesaid Patna High Court CWJC No.13315 of 2017 dt.19-09-2017 2/2 notification is implemented,this petition has been filed in public interest. We are informed that the question of linking Aadhar and various schemes or provisions of statutes by the Government of India, and consequential linking of Aadhar with various other services is a matter which ispending consideration before the Constitution Bench of the Hon ble Supreme Court and it is not proper for us to go into various aspects of the matter canvassed before us, as the question is sub judice before the Hon ble Supreme Court and we see no reason to make any indulgence into this matter. Individuals who have any grievance in the matter will have liberty to ventilate their grievance in accordance with law before an appropriate Court or forum.


IN HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13315 of 2017 Reshma Prasad @ Ramesh Prasad, Transgender son/daughter of Ram Pravesh Prasad, Resident of House of Vinda Yadav, Goria Toli, Station Road, P.S. Kotwali, District - Patna. ... ... Petitioner/s Versus 1. Union of India through Secretary, Ministry of Finance, Government of India, Delhi. 2. Department of Revenue through Revenue Secretary, Ministry of Finance, Government of India, Delhi. 3. Central Board of Direct Taxes through Chairman, North Block, New Delhi. 4. Principal Director General of Income Tax (System), New Delhi. 5. Principal Director General of Income Tax (Administration), New Delhi. 6. Chief Commissioner (Bihar and Jharkhand), Department of Income Tax, Patna. Respondent/s Appearance : For Petitioner/s : Mr. Vikash Kumar Pankaj, Advocate For Respondent/s : Mr. Rajesh Kumar Verma, C.G.C. Mrs. Archana Sinha, Advocate CORAM: HONOURABLE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE CHIEF JUSTICE) Date : 19-09-2017 This writ petition has been filed in public interest and challenge is made to notification issued by Union of India in department of Finance in matter of linking Aadhar Card with PAN Card. Inter alia contending that in cases of transgenders, in view of law laid down by Supreme Court in case of National Legal Services Authority Vs. Union of India & Ors.- (2014) 5 SCC 438, right of transgenders would be adversely affected if aforesaid Patna High Court CWJC No.13315 of 2017 dt.19-09-2017 2/2 notification is implemented,this petition has been filed in public interest. We are informed that question of linking Aadhar and various schemes or provisions of statutes by Government of India, and consequential linking of Aadhar with various other services is matter which ispending consideration before Constitution Bench of Hon ble Supreme Court and, therefore, it is not proper for us to go into various aspects of matter canvassed before us, as question is sub judice before Hon ble Supreme Court and, therefore, we see no reason to make any indulgence into this matter. This writ petition is dismissed. However, individuals who have any grievance in matter will have liberty to ventilate their grievance in accordance with law before appropriate Court or forum. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P. AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date 21.09.2017 Transmission Date Reshma Prasad v. Union of India, Delhi/The Department of Revenue, Delhi/TheCBDT, Delhi/The Pr. Director General of Income Tax (System), New Delhi/The Pr. Director General of Income Tax (Administration), New Delhi
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