Srinivas S Devathi vs Union Of India

-1- NC: 2024:KHC:21420 WP No. 13823 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF JUNE, 2024

BEFORE THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 13823 OF 2023 (IPR) BETWEEN:

SRINIVAS S DEVATHI, S/O LATE D SATYANARAYANA, AGED ABOUT 47 YEARS, R/AT NO.63, 11TH 'B' CROSS, 3RD MAIN, PRASHANTHNAGAR, BENGALURU-560 079, INDIA. MOBILE NO.(91)-966-393-2293, EMAIL ID.projectearthling@srinivasdevathi.com ...PETITIONER (BY SRI SRINIVAS.S DEVATHI, PARTY- IN- PERSON)

AND:

UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, Digitally LEGAL AND TREATIES DIVISION, signed by ROOM #901, AKBAR BHAVAN, NANDINI R CHANAKYAPURI, NEW DELHI-110 021. Location: PH: 91-11-24674143. High Court REP. BY MRS. UMA SEKHAR, ADDL. SECRETARY, of Karnataka ALSO REPRESENTING EXTERNAL AFFAIRS MINISTER, MR.S.JAISHANKAR. ...RESPONDENT (BY SMT. NAYANATARA.B.G, ADVOCATE FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA BY PETITIONER PARTY- IN- PERSON, PRAYING FOR MANAGING THE WEALTH FROM 62 SALE AGREEMENTS, SECURE MY FINGER PRINTS AND BIO- METRIC INFORMATION. TO ADDRESS MY LIVING EXPENSES. A) -2- NC: 2024:KHC:21420 WP No. 13823 of 2023

GIVEN THE VALUE OF 62 SALE AGREEMENTS, MY WEALTH ALLOCATION IN ANNEXURE-O AND MY WEALTH MANAGEMENT RESPONSIBILITIES OF EARTHLING FOUNDATION PUBLIC CHARITABLE TRUST AND EARTHLING FOUNDATION PRIVATE TRUST, I WILL BE USING MULTI-COMBINATION AS PASSWORDS FOR MY BANK VAULTS, MY ONLINE ACCOUNT ACCESS, DIGITAL ACCESS PLATFORMS, LEGAL DOCUMENTS VAULT, DATA WAREHOUSE OFFICES AND OTHER AND HENCE MY FINGER PRINTS ARE PRECIOUS AND VALUABLE. HENCE, RESPONDENT TO WORK WITH FINANCE MINISTRY AND ISSUE ME A GOODS AND SERVICES TAX, GST NUMBER WITHOUT ME HAVING TO SUBMIT AADHAR CARD, WHICH NEEDS ME TO GIVE MY FINGER PRINTS AND BIO-METRIC INFORMATION SECURITY UNTIL I EXECUTE THE 62 SALE AGREEMENTS AND ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 07-06-2024 COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner, party-in-person in this writ petition

has prayed as many as 32 prayers, among which, 16 are

interim prayers. These prayers include to direct the

respondent-Union of India to work with the Prime Minister

of India, Finance Minister of India, and other Departments

to register the 'Living Will' of the petitioner for its

registration in all the States and Union Territories since

he has bequeathed all his future assets in favour of the

Nation. The prayers include direction to the respondent to -3- NC: 2024:KHC:21420 WP No. 13823 of 2023

work with one Mr. Daren Tang, Director General of World

Intellectual Property Organization (WIPO) to introduce

Macro Governance Reform of 'New World Order', prepared

by the petitioner to all 193 Member Countries. The

prayers also include direction to the respondent to take

steps to execute Sale Agreements with 62 Countries in

respect of the invention/patent of the petitioner granted in

US Patent No.8910998 B1 as it would fetch the Indian

Government an income of 93 Trillion Earthlings (Dollars).

The prayers include not only in respect of the Patent of the

petitioner but several others which are outside the

purview of such claimed invention.

2. The petitioner party-in-person states that he

applied for Priority Patent with US Patent Office with

Patent No. 8910998 B1 for 'Systems and methods for

altering the colour, appearance or feel of a vehicle surface'

claiming that he had invented the same. He also filed an

application under the Patent Co-operation Treaty,

International Application No.PCT/US/2014/046619 dated -4- NC: 2024:KHC:21420 WP No. 13823 of 2023

15-07-2014 to the USPTO in the capacity of "International

Search Authority ISA". USPTO issued a fabricated

"International Search Report ISR" and it was transmitted

to the petitioner on 05-08-2015 thereby breaching

Articles 18(2) and 19(1) of Patent Co-operation Treaty.

Using the said PCT International Application, he filed 15

National and 02 Regional Stage applications for Patent

Protection of his invention covering total of 61 Non USA

Countries. It is alleged by the petitioner that the

fabricated ISR with fabricated Prior art has resulted in all

National and Regional Stage applications to go into

'pending-reject' office actions causing him to lose his

'patent rights' across 60 World Countries. Therefore, it was

alleged that the fraud committed by USPTO is very

deliberate and intentional with malicious intent and motive

to block his invention patent rights from across the World

Countries.

3. On the basis of such contentions, the petitioner

has sought as many as 32 prayers and directions to the -5- NC: 2024:KHC:21420 WP No. 13823 of 2023

respondent-Union of India and has produced voluminous

correspondence (in 04 volumes), documents to

demonstrate that he has made all his efforts to make his

claim. The petitioner has produced additional documents

after conclusion of the arguments.

4. On issuance of notice, respondent has appeared

through learned counsel Smt. Nayantara B.G.

5. The submissions by the writ petitioner-party-

in- person and Smt. Nayantara, the learned counsel for

respondent-Union of India were heard.

6. Before considering the maintainability or

otherwise of the petition concerning the prayers made, it

is necessary to note that the petitioner had filed similar

petition in W.P.No.4851/2023, which came to be rejected

on 06-06-2023, reserving liberty to the petitioner to

challenge the communication of the Central Government

dated 05-04-2023 before appropriate Legal Forum, if law

permits. Pursuant to the said order, the petitioner had -6- NC: 2024:KHC:21420 WP No. 13823 of 2023

filed W.P.No.12356/2023. It was filed seeking directions to

the respondent-Union of India to give 'consent letter of

Indian Central Government duly certified by Secretary to Indian

Central Government, to sue United States Patent and

Trademark Office, USPTO, and summon WIPO, World

Intellectual Property Organization, International Bureau to

assist the court with discovery and fact finding', to address CPC Section 86(1) applicable to them, such that I could initiate the

court proceeding in the trial court, at the earliest. This is in

accordance with documented proof submitted and explained in

Annexure- A, of 'Breach of Patent Co-operation Treaty Articles

18(2) and 19(1), committed by USPTO on 05/08/2015 in their

capacity of ISA, International Search Authority for PCT

International Application PCT/US2014/046619 which

corresponds to invention priority patent grant US 8,910,998

BI.' Noting the filing of the said writ petition, this Court by

order dated 07-11-2023, passed an order as below:

" xxx xxx xxx Unless, the said writ petition is disposed of

on merits and petitioner is able to procure the consent letter from the Indian Central Government, -7- NC: 2024:KHC:21420 WP No. 13823 of 2023

the present writ petition or any other proceedings would be maintainable.

Having regard to the statutory requirements, option is given to the petitioner, to keep the present writ petition pending till the disposal of WP No.12356/2023 or file a fresh writ petition after WP No.12356/2023 is disposed of on merits.

The petitioner opts to keep the present writ petition pending, till the disposal of WP No.12356/2023.

Accordingly, re-list this matter after disposal of WP No.12356/2023."

7. It is pertinent to note that this Court has found

that the rejection of the prayer to give consent under

Section 86 of CPC was rejected by the Union of India

without giving any reasons and by relying on several

judgments of the Supreme Court, allowed the said Writ

Petition No.12356/2023 to the limited extent that the

reasons for rejection should have been disclosed by it and

directed accordingly. Therefore, evidently, this Court had

indicated that the present petition is premature and only if

consent is given under Section 86 of CPC to sue USPTO

and others, considering the present prayers would arise. -8-

NC: 2024:KHC:21420 WP No. 13823 of 2023

8. Be that as it may, the question whether the

petitioner has US Patent No.8910998B1 and whether

International Search Report issued by International Search

Agency (which is US PTO itself under WIPO) is fabricated

and maliciously issued is to be established in the legal

proceedings that may be initiated by the petitioner.

Evidently, such proceeding has to be under the consent

that may be granted or otherwise under Section 86 of

CPC. Under these circumstances, the present petition is

totally premature and therefore, it would not be

maintainable at this stage.

9. It is also relevant to note that the prayers of

the petitioner which are 32 in number, are not only

pertaining to the invention claimed by the petitioner, but

they relate to the other fields like, bribery in the offices,

medical education, health, defence, etc. It is not known

how the petitioner is invoking Articles 226 and 227 of the

Constitution of India, unless he establish an inherent right

in himself to claim such reliefs. This was observed by this -9- NC: 2024:KHC:21420 WP No. 13823 of 2023

Court in the order passed in W.P.No.4851/2023 as well. It

is also pertinent to note that before the orders were

passed in W.P.No.4851/2023, he had filed O.S.No.40/2022

and O.S.No.41/2022 before City Civil Court, Bengaluru,

which were rejected by the trial Court and then the

petitioner had filed W.P.No.21782/2022 which was

disposed of by this court on 06-02-2023 with a direction to

the respondent to consider the request of the petitioner

under Section 86 of CPC. It is also clear that the prayers

made by the petitioner delve into the fabricated,

fraudulent and malicious act of the US PTO as ISA. Such

contentions require evidence and therefore, it cannot be

considered in a writ petition. The claim is well beyond the

writ jurisdiction since it requires evidence to be adduced

and ascertained.

10. For these reasons, the present writ petition is

not maintainable and therefore, deserves to be rejected. It

is evident that the petitioner has filed the present petition

with voluminous material which are in the form of the

- 10 -

NC: 2024:KHC:21420 WP No. 13823 of 2023

details of the invention, correspondence made with his

Attorneys, patent offices, and such other Agencies. The

petitioner has argued his case for hours together

consuming judicial time. Learned counsel appearing for

the respondent has submitted that the writ petition be

dismissed with exemplary costs.

11. Considering the fact that the petitioner has

argued the case in person, tried to convince the Court

about his inventions and other aspects; this Court do not

intend to impose any costs, at this juncture. Hence, the

following:

ORDER

(i) The writ petition is hereby dismissed.

(ii) The petitioner is cautioned that if

repeated frivolous writ petitions are filed, they

may call for imposition of costs.

(iii) Liberty is given to the petitioner to file the

writ petition with appropriate reliefs, in case he

obtains consent letter from respondent-Union

- 11 -

NC: 2024:KHC:21420 WP No. 13823 of 2023

of India, under Section 86 of CPC to sue the

USPTO and others in their capacity as ISA.

Sd/-

JUDGE

tsn* List No.: 1 Sl No.: 3