Sri Venugopal S vs. State Of Karnataka

- 1 - NC: 2024:KHC:661 WP No.28802 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.28802 OF 2023 (GM-RES) BETWEEN: 1. SRI. VENUGOPAL .S S/O SHANKARANARAYAN AGED ABOUT 30 YEARS R/AT HOUSE NO.16 VINAYAKA LAYOUT BANNERUGHATTA ROAD BENGALURU 560 076. …PETITIONER (BY SRI. VIJAYA SHEKARA GOWDA V, ADV.,) AND: 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU 560 001. 2. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU 560 002. 3. THE ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU 560 001. 4. THE ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:661 WP No.28802 of 2023 DR. B.R. AMBEDKAR VEEDHI BENGALURU 560 001. 5. THE REGIONAL COMMISSIONER EMPLOYEES STATE INSURANCE CORPORATION MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA NO.10, BINNYPET, BINNY FIELDS BENGALURU 560 023. 6. THE REGIONAL COMMISSIONER EMPLOYEES PROVIDENT FUND BHAVISHYA NIDHI BHAVAN NO. 13, RAJA RAM MOHAN ROY ROAD BENGALURU 560 025. 7. THE COMMISSIONER OF LABOUR KARMIKA BHAVAN ITI COMPOUND, DAIRY CIRCLE BANNERUGHATTA ROAD BENGALURU 560 029. 8. THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX NO.1, QUEENS ROAD VASANTH NAGAR BENGALURU 560 052. 9. THE CHIEF AUDITOR BRUHAT BENGALURU MAHANAGARA PALIKE 2ND AND 3RD FLOOR BBMP COMMERCIAL COMPLEX SUBHASH NAGAR (MAJESTIC) BEHIND UPPARPET POLICE STATION BENGLURU - 560 009. 10. THE ASSISTANT/ DEPUTY CONTROLLER OF FINANCE SOUTH ZONE, BBMP JAYANAGAR, 2ND BLOCK BENGALURU 560 011. - 3 - NC: 2024:KHC:661 WP No.28802 of 2023 11. THE HORTICULTURE SUPERINTENDENT SOUTH ZONE, BBMP JAYANAGAR, 2ND BLOCK BENGALURU 560 011. 12. THE EXECUTIVE ENGINEER PROJECT, SOUTH BBMP JAYANAGAR, 2ND BLOCK BENGALURU 560 011. 13. SRI. BHUVANESHWARI ENTERPRISES NO. 171, 2ND CROSS, 4TH MAIN KATHRIGUPPE EAST, BSK 3RD STAGE BENGALURU 560 085 GSTIN NO. 29ANUYPG1713F1ZU. REPRESENTED BY ITS PROPRIETOR SRI. A.V. GIRISHA PAN NO. ANYPG1713F. 14. SRI. H.R. PRAMOD S/O H.T. RAMAIAH AGED ABOUT 30 YEARS PWD CONTRACTOR HAVING OFFICE AT NO. 171, 2ND CROSS, 4TH MAIN BSK 3RD STAGE, KATHRIGUPPE EAST BENGALURU 560 085 15. SRI. AJAY H.R. S/O H.T. RAMAIAH AGED ABOUT 27 YEARS CIVIL CONTRACTOR HAVING OFFICE AT NO. 171, 2ND CROSS 4TH MAIN, BSK 3RD STAGE KATHRIGUPPE EAST BENGALURU 560 085 …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1, R2, R4, R7 & R8) - 4 - NC: 2024:KHC:661 WP No.28802 of 2023 THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 AUTHORITY TO VIEW THE MATTER SERIOUSLY AS PER ANNEXURE-D DTD 03/05/2023 AND TO DISMISS THE R10 TO 12 IMMEDIATELY THERETO AFTER CONDUCTING DEPARTMENTAL ENQUIRY IF THE R-10 TO 12 ARE FOUND GUILTY IN NOT DEDUCTING UNPAID SERVICE TAX, CGST, SGST IN THE BILLS PASSED FROM THE DATE FILING COMPLIANCE FROM THE R-10 I.E FROM 24/05/2022 AND 02/07/2022 AND ALSO NOT OBTAINING AND ASCERTAINING THE DETAILS OF ESI AND PF PAYABLE BY THE R-13 TO 15 FROM THE DATE OF FILING OF COMPLIANCE REPORTS FROM THE R-10 AND FROM THE DATE OF INTIMATION GIVEN BY THE R-10 IN FAVOUR OF THE R-11 AND 12 REGARDING OBJECTIONS RAISED BY THE R-9 IN HIS AUDIT REPORTS FOR THE YEAR 2018-19 DTD 02/07/2022 AND 2019-20 DTD 24/05/2022 AS PER ANNEXURES-F AND G 7 ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: