The High Court · 2025

5. The District Collector, Mahabubabad District. 6. The District Panchayat Officer, IVlahabubabad District. 7. The First Appellate Authority cum f\rlandal Parishad Development officer, Narsi mhulapet It/a ndal, It4ahabubabad District.

8. The Public lnformation officer (Plo), cum Panchayat secretary office of The Gramoanchavat, Narsimhullpet Village, Narsimhulapet Mandal' tr/ahabubabaii District, Pincode - 506324. 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 an appropriate writ or order or Direction, more particularly one ...RESPONDENTS in the nature of WFiIT OF MANDAN/US declaring the in pugned orders of Respondent No 8 c ated 22.05.2025, Respondent No. 7 Caied 27.O8.2O25, Respondent No. 4 =-lVlail directive dated 18.06.2025 as illegal, improper, arbitrary, violative of Articles 14, 19 and 21 of the Constitutic n of lndia besides being violative of Section 7 (5) of the RTI Act, 2005, against th -' spirit of catena of Judgments of the Crrnstitutional Courts includlng Kishan Chand Jain Versus Union of lndia and Ors, 2023 INSC 915 and consequently dire,ct the Respondent to provide informatio r free of cost sought in the Petitioner application dated 20.05.2025 and direc. Respondent No. 4 to enable Hybrid l\,4 rde and e-filing as per the Honourable Lpex Court orders and pass such other order or orders as this Hon'ble Court nray deem fit and proper in the circumsiances of the case including the costs of the litigation, considering the Petitioner being a person of below poverty line. lA NO: 1 OF 2025 Petition under {iection 151 CPC praying that in the circumstances stated rn the affidavit filed in s,upport of the petition, the High Court tnay be pleased to direct the Respondent No. B to provide information free of cost to the Petitioner application dated 2C.C 5.2025. Counsel for the Petitioner : SRI SRIKANTH CHINTALA Counsel for the Respondent Nos. 1 & 2: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos. 3 & 6: GP FOR PANCHAYAT RAJ Counsel for the Respondent No. 4 :GP FOR INFORMATION Counsel for the Respondent No. 5: GP FOR REVENUE Counsel forthe Respondent Nos. 7 & 8: SRI K. PRADEEP KUMAR REDDY SC FOR GRAM PANCHAYAT The Court made the following: ORDER -.:.rr-,.:';t**jw -: i.), ! ./ -,/ THE HONOURABLE SMT. JUSTICE T. MADHAYI DEVI WRTT PETITroN No. 26249 0F 202s ORDER: This Writ Petition is filed challenging the impugned orders of respondcnt No.8 and respondent No.7 dated 22.05.2025 and

27.08.2025 respectively, as well as the E-Mail directive dated

18.06.2025 ol respondent No.4, requiring rhe petitioner to make the payment of Rs.6,171l- lor furnishing the information sought under the Right to Information Act, 2005 (fbr shorl, ,,the Act,,).

2. Leamed counsel for the petitioner submitted that the petitioner belongs to the Below poverly Line category and therefore, he is exempted from making such payment under Section 7(5) of the Act and proviso thereunder.

3. Leamed Assistant Govemment pleader for Information Technology, relied upon the provisions of G.O.Ms.No.454, dated

13.10.2005, to submit that the petitioner is exempt from paying t Rs. 10/- application fee, but he is required to make payment in accordance with the fee to be charged as provided under said G.O. t

4. Having regard to the rival contentions and the material on record, this Courl finds that under Section 7(5) of the Act and its 2 - proviso, no t'ee shall be charged from persons beionging to the Bclorv Poverly Line cztegory, as determined by the appropriale authority lt is also undisputed tl.rat the petitioner falls rvithin thi:r category and theretbre, the ;aid proviso would apply to him (i O'Ms No'454 prescribes thc [ecs to be collectcd fi'oLl persons entitled to receive information. ltu t is silent as to the persons w'ho are ret'erred to under proviso of Se;tLon 7(5) of the Act. Thc pror.isions olt re Act override any Governnrent Order, and since the Section itse f exempts the persons u'ho a'e Below the Poveny Line lrom paym'rrt of fees, the petitioner is cn:itlcd to receive thc inlormation sought [or u,ithout auy paliment of tce. Ihe respondents are, ther-efore, directe d to furnish the information to the petitioner as sought lbr rvithout charling anv fee'

5. With the above directions. this Writ l'etition is 'lisposed of' No order as to cos1.s. 6 Pending miscellaneous petitions, if any, in th s Writ Petition ,i \ To, shall also stantl closed SD/- A. SRINIVASA REDDY ASSISTANT REGISTRAR 6- SECTION OFFICER //TRUE COPY'

1. The Chief Sr-,cretary to Government' Secretariat, Th<r State of Telangana, Hyderabad

2. The Princioal Secretary, General Administration (GPIV and AR) Department' Secretariat, The State 6f Telangana. Hyderabad.

3. The Principal Secretary, Panchayat Raj and Rural De\ elopment' Secretariat' The State bf 'felangana, Hyderabad.

4. The Chief lnformation Commissioner, The T<'langana .lnformation CommGiion, D.No 5-4-399, Samachara Hakku Bhava'r, Behind l\'4ozam-Jahi tr,4arket, HyrJerabad - 500001.

5. The District C;ollector, Mahabubabad District. ;}ryry:.5r 1 I I I i i i : l t ; i I i i

6. The District Panchayat Officer, lVlahabubabad District. 7. The First Appellate Authority Cum l\,4andal Parishad Development Officer, Narsimhulapet [/landal, Mahabubabad District.

8. The Public lnformation Officer (PlO), Cum Panchayat Secretary Office of The Grampanchayat, Narsimhulapet Village, Narsimhulapet lVandal, lVahabubabad District, Pincode - 506324.

9. One CC to SRl. SRIKANTH CHINTALA Advocate [OPUC] 10. One CC to SRI K. PRADEEP KUI\4AR REDDY, SC FOR GRAM PANCHAYAT

11.Two CCs to GP FOR GENERAL ADIVINISTRATION ,High Court for the State of Telangana. [OUT]

12.Two CCs to GP FOR PANCHAYAT RAJ, High Court for the State of Telangana. [OUT]

13.Tu/o CCs to GP FOR INFORIVATION, High Court for the State of Telangana.

14.Two CCs to louTl GP FOR REVENUE, High Court for the State of Telangana

15. Two CD Copies PVL Ny GJP t i l i I t a i I a t l HIGH COURT DATED:0310912025 Y \)o 2 i BIT ?325 \: * :1.:^ : .?, 'I I ORDER WP.No.26249 of 2025 DISPOSING ICF THE WRIT PETITION WITHOUT COSTS 6, I 1C