AI Structured Summary
Not yet generated for this judgment
Judgment
Arup Kumar Goswami, CJ
Heard Mr. Y. Balaji, learned counsel for the petitioner, Mr. N. Harinath, learned Asst. Solicitor General for respondents 1 to 3.
The petitioner seeks to file this Writ Petition (PIL) through his General Power of Attorney (GPA) Holder. The petitioner is a resident of Texas, Houston, United States of America. Earlier, the petitioner had approached this Court by filing Writ Petition (PIL) No.38 of 2021 on the same cause of action. The operative portion of the order dated 15.02.2021 passed in the said Writ Petition, reads as under:
"At the outset, it is to be noted that the present Public Interest Litigation has been filed by the petitioner through his General Power of Attorney holder. Copy of the General Power of Attorney dated 11.09.2020 executed by the petitioner finds place at Page No.94 of the material papers filed along with the writ petition.
Perusal of the said General Power of Attorney would go to show that the same was executed by the petitioner on 11.09.2020 in favour of Ms. Jyoti Begal to deal with the properties of two societies, viz., Gospel to the Unreached Millions and the Ancient Pattern Pentecostal Church.
That being so, the present Public Interest Litigation filed in relation to disinvestment/privatization of the Rashtriya Ispat Nigam Limited cannot be maintained by the General Power of Attorney holder on the basis of the aforesaid document.
Apart from this, the cause of action in the present Public Interest Litigation arose only two weeks prior to filing of this case.
When this Court pointed out the above, learned counsel for the petitioner sought permission to withdraw this Public Interest Litigation reserving liberty to the petitioner to file a fresh writ petition with all necessary documents.
Permission, as sought for, is accorded.
Accordingly, the Writ Petition (Public Interest Litigation) is dismissed as withdrawn with the liberty as prayed for. No costs. Pending miscellaneous applications, if any, shall stand closed."
It is now submitted by Mr. Y. Balaji that a fresh Power of Attorney has been executed by the petitioner on 16.02.2021, which was registered on 25.02.2021 authorizing the Power of Attorney Holder to also file Public Interest Litigations.
A perusal of the General Power of Attorney at page 103 goes to show that the same was executed on 16.02.2021. At page 105, it is stated as follows:
"IN WITNESS WHEREOF, I have executed this GENERAL POWER OF ATTORNEY on this, the day of February' 2021 at Hyderabad, in the presence of witnesses, so that it may remain for use as a document at the time of need, My true and Lawful GENERAL POWER OF ATTORNEY (namely: Ms.Jyoti Begal) and her (Ms.Jyoti Begal) signature is attested below."
There is also a document at page 106, English portion of which reads as under:
"This document was SWORN AND SUSCRIBED before me, by ANAND KILARI, also known as Dr.K.A. Paul, who was duly identified with his Indian Passport, this 18th. day of February, 2021, and was filed as deed No.141,333 of my notarial registry. I attest.
LIC. GERARDO CORREA-ETCHEGARAY. NOTARY PUBLIC No.89 FOR MEXICO CITY, MEXICO."
Evidently, 'this document' referred to in page 106 relates to the General Power of Attorney. It is not understood as to how in that event, it could have been said that the General Power of Attorney is executed on 16.02.2021. On a query of the Court, Mr. Y. Balaji has submitted that on 16.02.2021, the petitioner was not in Hyderabad. We make no further comments on the General Power of Attorney annexed with the present Writ Petition (PIL).
There is no averment in the Writ Petition (PIL) that the petitioner is a citizen of India. In such circumstances, we are not inclined to entertain this Writ Petition (PIL). However, since we have not entered into the merits of the case, we leave it open for any public spirited person to espouse the cause as espoused in the present Writ Petition (PIL).
Accordingly, the Writ Petition (PIL) is closed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.