AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2021 (4) TMI 919
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....ets. These dockets are identified as Case Nos.1/2020 to 5/2020. But despite different representations, including the representation dated 22.01.2020, the concerned did not initiate any action and as such, the petitioner has filed public interest writ petition in W.P. No.3635/2020 [PIL] arraying different authorities, including the first respondent in this petition, for directions to constitute a multi disciplinary investigation team to investigate into the alleged breach of the provisions of the Reserve Bank of India Act, 1934, [RBI Act], the Income Tax Act, 1961, [IT Act] the Securities and Exchange Board of India Act, 1992 [SEBI Act] by the second to seventh respondents and to recover assets allegedly removed from the different companies mentioned therein. 3. This writ petition is disposed of by a Division Bench of this Court by order dated 1.10.2020 which reads as follows: "Today we have heard the learned Counsel appearing for the petitioner on the question whether this Court should entertain this writ petition filed as a Public Interest Litigation at the instance of the petitioner. 2. After arguing the matter for some time, the learned counsel for the petitioner seek....
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.... espousing public cause and the present writ petition is for enforcement of the petitioner's right under the Reward Scheme. The petitioner's allegations of tax evasion would stand vindicated and the petitioner consequentially would be entitled for the reward under the Scheme if requisite follow up action is taken pursuant to the information filed by the petitioner under the Reward Scheme. The first respondent's failure to act on the information filed by the petitioner under the Reward Scheme affords a separate cause of action, and the present petition is filed with the reliefs as stated in the petition because of such cause of action. Therefore, the unconditional withdrawal of the writ petition in W.P. No.3635/2020 [PIL] would not preclude the petitioner from pursuing this writ petition. 7. The learned Counsel submits that because of the aforesaid reason and the other antecedent circumstances which would show that the petitioner has initiated certain proceedings against the respondents, the petitioner could not have succeeded in establishing that the writ petition in W.P. No.3635/2020 [PIL] is entirely public interest litigation without any tinge of personal interest. The petition....
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....e and if the proceedings are withdrawn without liberty, only the principles of equity would apply to bar other proceedings on the same cause of action. In the facts and circumstances of this case, the principles of equity cannot be applied. 10. On the other hand, learned Senior Counsel submits the Division Bench has heard the learned Counsel for the petitioner on multiple occasions and the petition is permitted to be withdrawn unconditionally after the learned counsel for the petitioner was heard substantially. The submission that because of residual personal interest the writ petition in W.P.No.3635/2020 [PIL] was an incompetent petition and therefore petitioner has withdrawn such incompetent petition is completely specious. The petitioner cannot contend that the writ petition in W.P. No.3635/2020 [PIL] is an incompetent petition. In law, incompetent proceedings would be those proceedings which would be non est inasmuch as the proceedings are initiated without a right to initiate such proceedings as in the case where an appeal is filed though not such appeal is permitted. If such appeals are withdrawn, the withdrawal thereof cannot be construed as abandonment; otherwise, the rigo....
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....l have to be examined in the background of this pronouncement. If the Division Bench was disposing of the petition for the reasons now canvassed by the learned counsel for the petitioner it would have permitted the petitioner to prosecute the petition before a learned single judge of this Court and not dispose of the same as withdrawn unconditionally. 14. The learned Senior Counsel argues that the Hon'ble Supreme Court in Sarguja Transport Service vs. State Transport Appellate Tribunal, M.P. Gwalior and others [1987] 1 SCC 5 has held that withdrawal of a writ petition filed in a High Court without permission to file a fresh writ petition may not bar other remedies such as a suit or a petition under Article 32 of the Constitution of India, but the remedy under Article 226 of the Constitution of India should be deemed to have been abandoned by a party in respect of the cause of action relied in the writ petition which is withdrawn without permission. He submits that this proposition would apply on all fours in the facts and circumstances of this case. 15. As regards the submission by the learned counsel for the petitioner that the subject matter of any proceedings would be as....
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.....12073/2020 is for a direction to initiate proceedings for violations of the PML Act, and this writ petition is dismissed on 21.01.2021. * W.P.No.172/2021 is for directions to conduct investigations into the alleged violations of breach of the provisions of the Companies Act, 2013, and this writ petition is dismissed on 12.02.2021. 17. The learned counsel on record for the respondents has placed on record the copies of the orders in these writ petitions during mention hours after the petition is reserved for orders. Each of these writ petitions are dismissed on the ground of maintainability after observing the undeniable similarity in the causes pleaded in these writ petitions and the writ petition in W.P.No.3635/2020 and opining that the decision of the Hon'ble Supreme Court in Sarguja Transport Services (supra) would apply. It is also opined that if a writ petition is withdrawn without liberty, the remedy in respect of such cause for the purposes of another petition under Article 226 of the Constitution of India would be abandoned. 18. In this petition, it is urged that withdrawal of the writ petition in W.P.No.3635/2020 cannot be an impediment because this peti....
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....c interest litigation cannot be sustained because it is hued by personal interest or right, and if the bench hearing such public interest litigation petition is persuaded to opine that vindication of personal right could be pursued, such public interest litigation petitions are disposed of with necessary liberty. Therefore, the significance of the unconditional withdrawal of the public interest litigation must be considered with all its possible import and consequences, and the contentions to shrivel the rigours attached to the unconditional withdrawals must be subjected to greater scrutiny. 21. This Court, on a closure scrutiny of the assertions and references in this petition and in the writ petition in W.P.No.3635/2020 (PIL) is of the considered view that the petitioner cannot be permitted to continue with this petition despite the unconditional withdrawal of the said writ petition in W.P.No.3635/2020 (PIL) even on the ground that the subject matters in these two petitions are different: to permit the petitioner to continue the writ petition would be overlooking the kernel given the core issues urged by the petitioner for the seeming and encouraging artifice. 22. As regards th....