✦ High Court of India · 23 Apr 2025

High Court · 2025

Case Details High Court of India · 23 Apr 2025
Court
High Court of India
Decided
23 Apr 2025
Length
1,048 words

3. The District Collector, Nagarkumool District' 4. The First Appellate Authority' (U/RTI Act' 2005)' RDO Nagarkumool Division' Nagarkurnool District' 'I[83:"Ji..,?',,'#J#,sfl +5p,ilff ",l"li5:''iA1a',H3]'Xls'Jehsirdar/Joint ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus, decraring the action of the Respondents No 4 and 5 herein in not providing sought information' relevant information in regard to RTI petition U/S 6(1) filed by petitioner before Respondent No 5 dated 25-06-2024' the RTI First Appeal U/S 19 (1) filed by petitioner before the Respondent No 4 dated og-og-2o24, as illegal, arbitrary, against to the provisions of RTI Act, 2005' against to the rights guaranteed by the Constitution of lndia and against to principles of natural justice as illegal' arbitrary' against to the provisions of RTI Act, 2005, against to the rights guaranteed by the Constitution of lndia and against to princiore:r; of naturar justice and vioration of Articre 1.r, 1g and 21 0f Constitution of ln di,r IANO:1 OF 2025 Petition rr'd.r Section 151 cpc praying that in tht: circunrstances stated in the affidavit fil,?d in support of the petition, the High C.urt ma,,,be pleased to direct the Responcer.ts 4 & 5 to take necessary action in the matter and to furnish full informaticn to the aggrieved petitioner. Counsel for the petitioner: SRI RAMA KRISHNA KULKARNI COUNSE] fOr thE RCS PONdENt NO.l: GP FOR GENERAL ADMINISTFRATION Counsel forthe Respondent No.2,4 & 5: Gp FOR RTI & tT Counsel forthe Respondent No.3: Gp FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.12094 of 2025 I ORDER Heard learned counsel for the petitioner, learned Government Pleader for General Administration Department appearing for respondent No.l, learned Government Pleader for Right to Information (Rn) ard Information and Technology (IT) appearing for respondent Nos.2, 4 and 5, and learned Government Pleader for Revenue appearing for respondent No.3 and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. The petitioner contends that though he has made an application under Section 6 of the Right to Information Act, 2005 (for shott, 'the Act'), dt.25.06.2024 seeking certain information in relation to mutation of land which is subject matter of a civil sui[ that the said information sought for by the petitioner has not been provided to the petitioner; and that aggrieved by such inaction on the pat of the 5th respondent, the petitioner has filed an appeal before the 4th respondent under Section 19(1) of the Act on 09.09.2024.

3. Petitioner Further contends that in spite of the petitioner availing the remedy under Section 19(1) of the Act, though the authorities are mandated to provide such information within 30 days in terms of Section 2 19(6) 6r ther Act, the said information has not bee,n fr rnished to the petition€ r

4. pertiti.ner Further contends that since b()th autlorities under Sectiors 5 ilrtrJ 19(1) of the Act did not provide information vithin the time mandaterl rtrrder the Act, the petitioner filed furthr:r appe;,r,, in terms of Section 19(l) of the Act, vide Case No.g04 of 202.5 c1t.2901.2025, and due to thr: !;cancy in the office of the 2nd responde'rt - chi.F InFormation Commissionr:r; the said appeal also remains unconsidere,J till date. 5, Thus, :he petitioner seeks a direction to the 2nd r,rspondent to decide the a'tceal, idecase Nc.B04 of 202s dt.2g)1)ri25 in terms of section 19( 3) ()f the Act, filed by the petitioner, in a tirne 5ourrd manner. 6. Le,lrlej Government pleader appearing on behalf of the 2nd respondent sr brnits that the State has already taken jteps Fo_ appointing the Chief nf3p6311on Commissioner and since, th,tt t.he rrocess for appointmenr: i,ers already been initiated and on the vacancy in the said office being fill:J up, the appeal of the petitioner woukj be disp,15g6 .L 7. I have tirllr:n note of the respective contentions ,..]rged. B. Havinc; r:gard to the submissions made as aborz:, and t lking note of the subrnisslcn made by the learned Government F,leader ,or IT and RTI that step,; have been initiated to fill up vacancy in rre office cf the 2nd i 3 respordent, this Court is of the view that on the aforesaid vacancy being filled up, the said authority is to be directed to dispose of the appeal stated to have been filed by the petitioner in terms of Section 19(3) of the Ad., vide Case No.B04 of 7025 d1.29.0t.7025, within a period of eight weeks therefrom. 9 Subject to above direction, the Writ Petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.N.RAJGOPAL E UTY REGISTRAR ECTION OFFICER To, 1 The Princioal Secretary, General Administrative Department' Secretariet ' guilaing, Hyderabad, State of Telangana' The Chief lnformation Commissioner'- - Telangana State lnformation commission, D.No 5-a-3s9lt'jrniiitdi"'nakku eha"' Mojamjahi Market' HYderabad-S00 001. 2 Nagarkumool District'

3. The District Collector, Nagarkurnool District' 4. The First Appellate Authority, (U/RTI Act' 2005)' RDO Nagarkurnool Division' 5. The State Public lnformation Officer' (U/RT1,Act',2005) The Tahsildar/Joint " afi iift ;"iiilffi *., lliilpiiiv rviahdal' Nagarkumool District' 6. One CC to SRI RAMA KRISHNA KULKARNI' Advocate [OPUCI 7. Two CCs to GP FOR GENERAL ADMINISTRATION' High Court for the State ' iiTei"ngina at HYderabad [oUTl 8. Two CCs to GP FOR REVENUE' High Court for the State of Telangana at 9. Two CCs to GP FOR RTI & lT' High Court for the State of Telangana at Hyderabad [OUTI Hyderabad [OUTj 10 T wo CD CoPies s BS LS HIGH COURT DATED:23104t2025 ORDER WP.No.12094.of 2O2S 1r.l : ,,( :... './,i.' \. 2 fl Jl,N lt[5 \ ,- (..l: :o .1tt DISPOSING OF THE WRIT PETITION, WTHOUT COSTS 2\ D

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