ORDER :

Heard Shri R. Subramanian, learned advocate for the petitioner and Shri S. Ganesh, learned Senior Advocate for respondent No.3.

2. Shri Ganesh has raised a preliminary objection with regard to maintainability of this writ petition. In substance, he submitted that petitioner has filed a public interest litigation registered as W.P.No.3635/2020 with a prayer inter alia for a writ of mandamus and to direct respondents no.1 to 10 therein to constitute a multi disciplinary investigation team to investigate and prosecute the offences alleged to have been committed by Mr.A.H.Prem ji (respondent No.11 therein) and his associates, set out in its representations dated January 30, 2020 and February 3, 2020 submitted to respondents No.1 to 6 therein. He submitted that respondent No.8 in the PIL is the Chairman, Security and Exchange Board of India ("SEBI" for short). This writ petition is filed against four respondents of which, the Chairmen, SEBI is the first respondent. Adverting to the prayers in this writ petition, Shri Ganesh submitted that prayer clauses (a) and (b) are for directions against SEBI to take up the investigation for violation of provisions under SEBI Act by respondents No.2 to 4 in three transactions set out in the information dated January 21, 2020 and October 24, 2020 and to prosecute.

3. Shri Ganesh further submitted that the prayers made in both the PIL as also this writ petition are one and the same so far as investigation by SEBI is concerned. Petitioner has unconditionally withdrawn the PIL. Therefore, this writ petition is not maintainable on the ground of res judicata.

4. In reply, Shri Subramanian, for the petitioner submitted that the prayers are different in the PIL and this writ petition. This writ petition is filed seeking investigation in respect of three transactions which the petitioner has brought to the notice of the Chairman, SEBI in its two representations submitted on January 21, 2020 and October 24, 2020. He further submitted that the violations attract penal provisions and petitioner has locus to maintain this writ petition independently. He mainly relied upon paragraph No.14 of Sheonandan Paswan Vs. State of Bihar and others, 1987 1 SCC 288 and prayed that the matter be heard on merits.

5. I have carefully considered rival contentions and perused the records.

6. In the PIL, SEBI is arrayed as respondent No.8. In paragraph No.18 of the PIL, it is stated that Rs.9260.17 Crores were gifted by three companies to Azim Premji Trust. The very same averment is made in paragraph No.13 of this writ petition.

7. In paragraph No.19 of PIL, it is stated that three companies gave away 29,55,27,000 shares of WIPRO Ltd. worth Rs.12799.27 Crores to Azim Premji Trust. The very same averment is made in paragraph No.18 of this writ petition. The petitioner has further averred in paragraph No.19 in this writ petition that the transaction of acquisition in 2013 were not exempted from the 2011 SEBI Regulations. Thus, the principle grievance of petitioner is violation of SEBI Regulations in the aforesaid transactions.

8. In the PIL, the petitioner has prayed for a direction against first respondent, Ministry of Law and Justice to recover from Mr.A.H.Premji and his associates all assets removed from the companies namely, Vidya Investment and Trading Co. Private Ltd., Regal Investment and Trading Co. Private Ltd. and Napean Trading and Investment Co. Private Ltd. In prayer clause (b) of the PIL, the petitioner has sought for a direction against first to tenth respondents therein to constitute a Multi disciplinary investigation team to investigate and prosecute Mr.A.H.Premji.

9. In its representation dated January 21, 2020 (Annexure-Q), petitioner has set out four transactions numbered as A to D and alleged violation of Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 and SAST, 2011.

10. Transaction No.D is with regard to acquisition by Hasham Investment and Trading