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2025 DAILYLAW 71691 (KAR)

SRI MANJUNATH E v. THE STATE OF KARNATAKA

WP/20336/2025 · 2025-10-09

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39861 WP No. 20336 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20336 OF 2025 (GM-RES) BETWEEN: SRI MANJUNATH E AGED ABOUT 59 YEARS, WORKING AS JOINT CONTROLLER OF LEGAL METROLOGY, OFFICE OF THE JOINT CONTROLLER OF LEGAL METROLOGY, BENGALURU AND MYSORE DIVISION PRESENTLY RESIDING AT NO.92, SIDDHARTHA, INDIRANAGAR, GANGANAHALLI MAIN ROAD, NAGASANDRA POST, BENGALURU 560 073 …PETITIONER (BY SRI. HOLABASAPPA HALAKERI.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE PUBLIC INFORMATION OFFICER, ASSISTANT CONTROLLER OF LEGAL METROLOGY(TECH), MAPANA SOUDHA, 4TH FLOOR, NO.01, ALI ASKER ROAD, BENGALURU 560 052 3. THE FIRST APPEALLATE AUTHORITY, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39861 WP No. 20336 of 2025 DEPUTY CONTROLLER OF LEGAL METROLOGY(TECH), MAPANA SOUDHA, 4TH FLOOR, NO.01, ALI ASKER ROAD, BENGALURU 560 052 4. THE KARNATAKA INFORMATION COMMISSION, INFORMATION HOUSE NO. 306, THIRD FLOOR, DEVARAJ ARAS ROAD, VIKAS SOUDHA, WEST GATE 2, BENGALURU-560 001, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA FOR R1 TO R3; SRI. G.B. SHARATH GOWDA., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ORDER DIRECTING THE RESPONDENT NO. 2 TO COMPLY WITH THE ORDER OF THE KARNATAKA INFORMATION COMMISSION OR THE SECOND APPELLATE AUTHORITY I.E., THE RESPONDENT NO.4 BY ITS ORDER DATED 13.03.2025 DIRECTING TO FURNISH THE AFFIDAVIT WITH IN 15 DAYS AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents No.1 to 3. Sri.G.B.Sharath Gowda., learned counsel is directed to accept notice for respondent No.4. 2. The petitioner is before this Court seeking for the following reliefs; a. Issue a writ of mandamus or order directing the respondent No.2, to comply with the order of the - 3 - HC-KAR NC: 2025:KHC:39861 WP No. 20336 of 2025 Karnataka Information Commission or the Second Appellate Authority i.e., the respondent No.4 by its order dated 13.03.2025 directing to furnish the affidavit within 15 days, (Annexure-A); b. Issue a writ or order/direction or any other appropriate writ, directing the Respondents to compensate the petitioner for the loss, hardship, and damages suffered by him due to the unjustified delay, non-compliance, and arbitrary conduct in providing the information, which has caused mental agony, harassment, and deprivation of his fundamental rights. c. Issue any other relief or relief/s and pass such other orders as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. 3. The short grievance of the petitioner is that the order passed by the respondent No.4-Karnataka Information Commission on 13.03.2025 has not been implemented by the Public Information Officer of the Assistant Controller of Legal Metrology (Tech) by furnishing the affidavit so directed. 4. When an order is passed by the Karnataka Information Commission it is but required for all concerned to follow the same. The same not having been followed, the petitioner has unnecessarily been required to approach this Court. - 4 - HC-KAR NC: 2025:KHC:39861 WP No. 20336 of 2025 5. In that view of the matter, I pass the following ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing respondent No.2 to comply with the order of Karnataka Information Commission dated 13.03.2025 within 15 days from today. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 7