SREE VEERENDRA HEGGADE Vs. COMMISSIONER

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 31/7/2017 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 Dharmadhikari of Shri Kshethra Dharmasthala. A notice dtd. 8/6/2017 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 dtd. 31/7/2017 inter alia held that the appellant has not produced the copy of the notification dtd. 14/5/2010 and has not approached the court with clean hands. It was further held that the appellant was guilty of 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.