Sree Veerendra Heggade vs The Commissioner
2023 Latest Caselaw 2172 Kant

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                                                      WA No.5866 of 2017




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 11TH DAY OF APRIL 2023
                                       PRESENT
                         THE HON'BLE MR. JUSTICE ALOK ARADHE
                                          AND
                      THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                           WRIT APPEAL NO.5866 OF 2017 (L-PF)
               BETWEEN:

               1.   SREE VEERENDRA HEGGADE
                    AGED ABOUT 69 YEARS
                    DHARMADHIKARI
Digitally           THE INSTITUTION AT DHARMASTHALA
signed by
RUPA V              DHARMASTHALA-572 216, D.K.
Location:
High Court                                                  ...APPELLANT
of Karnataka
               (BY SRI. CHANDRANATH ARIGA K, ADV.,)
               AND:

               1.   THE COMMISSIONER
                    PROVIDENT FUND COMMISSION IN KARNATAKA
                    QUEENS ROAD, BENGALURU-560001.

               2.   THE ASST. PROVIDENT FUND COMMISSIONER
                    REGIONAL OFFICE
                    BHAVISHA NIDHI BHAVANA
                    SIRUR ROAD HIGH LANDS
                    MANGALURU-575002.

               3.   THE ASSISTANT PROVIDENT FUND COMMISSIONER
                    (COVERAGE & ENROLMENT)
                    REGIONAL OFFICE
                    BHAVISHA NIDHI BHAVANA
                    SIRUR ROAD HIGH LANDS
                    MANGALURU-575 002.

               4.   THE ENFORCEMENT OFFICER
                    EMPLOYEES PF ORGANISATION
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                                     WA No.5866 of 2017




    BHAVISHA NIDHI BHAVANA
    SIRUR ROAD HIGH LANDS
    MANGALURU-575002.

                                            ...RESPONDENTS
(BY SMT. M.R. SHALAMALA, ADV., FOR R1-R4)

      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO ALLOW THIS APPEAL BY
SETTING ASIDE THE ORDER DATED 31.07.2017 IN WP
NO.31907/2017 (L-PF).      EXPUNGE THE REMARK AT
PARAGRAPHS-11 AND 12 OF THE ORDER DATED 31.07.2017 IN
WP NO.31907/2017 (L-PF). ALLOW THE WP NO.31907/2017
(L-PF).

     THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                      JUDGMENT

This intra court appeal has been filed against

the order dated 31.07.2017 passed by Learned

Single Judge by which writ petition preferred by the

appellant has been dismissed on the ground that he

has not approached the court with clean hands and

is guilty of withholding of document.

2. Facts giving rise to filing of this appeal

briefly stated are that the appellant is

WA No.5866 of 2017

Dharmadhikari of Shri Kshethra Dharmasthala. A

notice dated 08.06.2017 was issued to the appellant

by Assistant Provident Fund Commissioner, by

which the appellant was informed that he is the

employer of an establishment M/s. Kshethra

Dharmasthala Manjunatheshwara Temple Trust and

he is covered under the provisions of the Employees

Provident Fund and Miscellaneous Provision Act,

1952.

3. The appellant challenged the validity of the

aforesaid notice in a writ petition. The Learned

Single Judge by an order dated 31.07.2017 inter alia

held that the appellant has not produced the copy of

the notification dated 14.05.2010 and has not

approached the court with clean hands. It was

further held that the appellant was guilty of

WA No.5866 of 2017

withholding the material documents. The writ

petition preferred by the appellant was dismissed

without adjudication of the issue raised by the

appellant on merits on the ground that the appellant

has not approached the court with clean hands. In

the aforesaid factual background, this appeal has

been filed.

4. Learned counsel for the appellant while

inviting the attention of this court to Annexure-G

submitted that the copy of the notification dated

14.05.2010 was already annexed with the writ

petition. Therefore, the finding recorded by the

Learned Single Judge that the copy of the

notification has not been produced by the appellant

is factually incorrect. The aforesaid aspect of the

matter has not been disputed by Learned counsel

for the respondent.

WA No.5866 of 2017

5. We have perused the order passed by

Learned Single Judge as well as annexures annexed

with the writ petition filed by the appellant. From

perusal of the same, it is evident that a copy of the

notification dated 14.05.2010 was annexed by the

appellant along with the writ petition. Therefore, the

finding that the appellant is guilty of withholding

material documents and has not approached the

court with clean hands cannot be sustained in the

eye of law. The Learned Single Judge has not

adjudicated the issue with regard to validity of the

notice dated 08.06.2017.

6. For the aforementioned reasons, the

remand of the matter to Learned Single Judge is

inevitable. The order dated 31.07.2017 passed by

Learned Single Judge in W.P.No.31907/2017 is

hereby set aside. The matter is remitted to Learned

WA No.5866 of 2017

Single Judge for adjudication. Needless to state that

it will be open for the parties to raise all such

contentions as are available to them in law. The

Learned Single Judge is requested to decide the writ

petition.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

SS