SMT. SHANKUNTALA Vs. B.R.

JUDGEMENT

(1.) THIS recall application has been filed by three brothers who are the sons of original Petitioner and who all are very well placed. It is supported by affidavit of applicant No. 1, Siddharth who is shown to be permanently a resident of United State of America (USA). In Para -5 of the affidavit filed in support of recall application, it is mentioned that applicant No. 1, Sri Siddharth since very beginning of his career shifted to USA in the year 1968 and became citizen of USA. The husband of the original Petitioner (father of the applicants) was an I.P.S. officer.

(2.) THE writ petition was filed by Smt. Shakuntala Devi, which was dismissed in limine on 19.04.1994. Thereafter, review petition was filed, which was dismissed through a detailed judgment by me on 05.10.2006. The writ petition was filed by Smt. Shakuntala Devi through her power of attorney holder, Sri Rampat. Smt. Shakuntala Devi died on 17.07.2001. Substitution application was filed on 23.12.2004 stating therein that Smt. Shakuntala Devi had died on 17.07.2001; that Smt. Shakuntala Devi was issue -less, hence she was residing with Ashwini Singh, son of real brother of Ram Singh, who was husband of Smt. Shakuntala Devi and Smt. Shakuntala Devi had executed a Will in favor of Ashwini Singh. Accordingly, substitution of Ashwini Singh was sought. The substitution application was allowed on 06.05.2005. Now Siddharth, Dr. Ashok Singh and Brigadier Vikram Singh have filed this recall application on 13.04.2010 claiming that they are the sons and only legal representatives of Smt. Shakuntala Devi.

(3.) FROM the above quoted prayer it is quite clear that according to the case of the applicants Smt. Shakuntala Devi had not filed the writ petition and Ashwini Singh was not entitled to be substituted at the place of late Smt. Shakuntala Devi. In Para -3 of the affidavit filed in support of recall application, it is mentioned that Smt. Shakuntala Devi had not executed power of attorney in favour of Rampat. In Para -4 of the affidavit, it is mentioned that Ashwini Singh was not concerned with the family of Smt. Shakuntala Devi and pedigree given by him in substitution application was wholly false and frivolous. However it has not been specifically denied that Ashwini Singh was son of real brother of applicants' father. If according to the case of the applicants in this recall application, Smt. Shakuntala Devi did not file the writ petition then writ petition deserved to be dismissed on this ground alone. If applicants who claimed to be sons of Smt. Shakuntala Devi did not care about the property of their mother and Smt. Shakuntala Devi herself who was wife of an I.P.S. officer did not care about her property, then nothing can be done. If writ petition was not filed by Smt. Shakuntala Devi, then matter ends. Nothing remains to be recalled because writ petition was dismissed and review petition was also dismissed.