✦ High Court of India · 18 Sep 2025

The High Court · 2025

Case Details High Court of India · 18 Sep 2025
Court
High Court of India
Decided
18 Sep 2025
Bench
Not available
Length
1,377 words

Petitir>n under Article 226 of the constitution of rndia praying that in the circumstaocr-rs 5131ed in the affidavit filed therewith, the High court may be pleased to (a)issue a writ' order, or direction, more particutarry in the nature of a writ of lvancramus, decraring the impugned notice dated ,,r.on'r'or5 the Telangana State lnformation commission (in concurrence with respondent nos' 'l to 8) and the schedute of the Full Bench hearing fixed for 1g.0g.2025 as arbitrary, iilegar, void ab initio, and viorative of Articres 14 andlg(1)(a) of the constitution o;'lndia as wetl as the Right to rnformation Act, 2005.(b)Direct the respondents nrl' 1 to 8 to forthwith recall and withdraw the impugned notice, and reissue any fr'rrther notice(s) only in strict compriance with a, procedurar safeguards' m'andatorily specifying the rist of case/fire numbers, individuar particurars of a,pears/compraints, respondents, and affording adequate time and opportunity to all concerned parties as per principres of naturar justice and the RTI Act' (c)Direc:t the respondents no.1 to 8 to maintain status quo ante and not to proceed with 'any hearing pursuant to the impugned notice dated 11.0g.2025 andlor the Full l3ench schedule for 1'-og.2o2s. ti, finar disposat of this writ petition' (d)Direct the respondents to ensure strict adherence to section 4 of the RTr Act' 2oo5 (proactive discrosure), and compriance with binding supreme suidetines on transparencv, fairness, and due process in R, ;::ff:J"'" lA NO: 1 OF 2025 Petition under Section 151 CpC prayin g that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation and effect of the impugned notice dated 11.0g.2025 issued by the Telairgana State lnformation Commission, convening the Full Bench hearing on 1{}.09.2025, in so far as it concerns the petitioner,s appeals and complaints, .ano direct maintenance of status _quo_ as on date pending disposal of the above writ petition. a lA NO: 2 OF 2025 Petition under s;ection 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent ()ommission not to proceed with or conduct the schedured i I I I I i i I I ! Full Bench hearing on 18.0g.2o2s or any other hearing in relation to the petitioner' till such time as a fresh, laMul notice is rssued stricfly in accordance with law' mentioning all file/case numbers, particurars, and ensuring comptiance with all procedurat and constitutionat safeguards pending disposal-of the';;;;; writ petition. lA NO: 3 OF ?02s . Petition under section 151 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pteased to direct the respondent commission and its officers not to take any coercive, prejudicial' or adverse action against the petitioner or adversely affect any of the petitioner's appeats/complaints/r:ight to information in the interim period. pending disposal of the above writ petition. Counsel for the petitioner : SRI MAHESH MAMTNDLA counsel for the Respondents: Gp FoR TNFORMATTON & TEcHNoLocy The Court made the fottowing: ORDER ) THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI ORDER: W.P.NO. 28503 0F 20.2s ln this rvrit pctition, the petitioner is challenging the notice dated ll.o9.2o2s issued by the Telangana State Infor:nation commission i.e., respondent No.l, requiring the petrtr:ner to appear before the Full Bench commission on

18.09 .2025 at 04 30 p m., i.e., roday.

2. [,earned counsel for the petitioner submitted that on the ground that the petitioner has filed a number of appeals before the commission, without giving the details of the appeals which are going to be taken up for hearing by the Full Bench Commission, a notice has been given and therefore, he apprehr:nds that ex-par[e orders would be passed without giving sufficient opportunitv of hearing to the petitioner.

3. Learned Government Pleader for Information and Technok>gy has forwarded the copy of the written instructions received by him, accorcting to u,hiclt there are around 17,000 cases pr:nding before the Commission and the majority of appeals .,vere filed by the petitioner and two others. It is stated that the petitioner has filed 4O4 cases and therefore, the Commission was of the opinion that the cases of the persons 2 \.\' who have filed in huge numbers should be heard to reduce the pendencyoftheCommissionandtherefore'itwasdecidedto constitute a Full Bench for hearing the cases of such persons andtohearallthecasesfiledbythemexclusivelyintwodays.

4. Having regard to the above' this Court finds that theimpugnedmentionsthatallthecasesfiledbythepetitioner would be heard excrusively in two days, but it does not contain thedetailsofthecases.Whenanoticeisgivenwithoutthe details of the cases to be heard' the said notice is in clear violationofprinciplesofnaturaljustice.Ttrepetitionercannot bcexpectecitoCarryallthe404fileswithhimforhearingonone single daY.

5. [n view of the above' this Court deems it {it and proper to set aside the impugned notice.dated ll'O9'2O25 and therespondentNo.lisdirectedtogiveafreshnoticetothe petitioner along with the list of cases that would be taken up for hearing on a single day and the petitioner is also directed to appear and cooperate with the Commission for early disposal of such cases 6 The writ petition is accordingly disposed of' There shall be no order as to costs. ) 3 T. Miscellaneous petition, shall sLand closed petitions, if any, pending in this writ SD/. T. AS REDDY REGISTRAR //TRUE COPYII To, OFFICER T

1. The Se,;retarv. gamachara Hakku Bhavan, State lnformation co m m is:sio n, Moffi -tJn ilrvr'r rk"i, nvo"r, bad _ 2. chief rnrbrmation commissiongr, T."lr.n-g_rnq stqt . rnformation commission Samachara Hakku Bhavin-, Mbiam_la[tt6;id Hyderabad _ s00001. 3. state rnfcrm.ation commissioner-r, samach.ra Hakku gnavin, NIojam-Jahi-rri"iL"t, nvoerabad_500001. fe,rglgala sl?tq rnformation commission 4' state lnfrlrmation commissioner-ll, Telangana s!at9 lnformation commission 5' state lnfcrrma.tion commissioner-lll, sa macher ra Hakku g havi n, r\aojam-Ja h i-M-a rket, Hyderabad _ 50000 1 . .Tgl.rJr.g".na _state lnformation commission sa macha ra H a kku B hava n, tr,lo;a m-.la hlrM:;i,;,F yderabad _ s0000 1 . 6' State lnfc rma.tion commissione.r-lV, samachara Hakku Bhavan, trlolam-lani-M;;k;,-iyderabad _ s00001. .Tg!a-n-gana State lnformation commission 7 ' State lnformation Commissioner-V, Telangana State lnformation Commission sa macha ra H a kku B ha va n, trlola m-;a n in ti.L"t, n voeraoio _ b00o:0j,

8. Private Secretary to State Chief tnformation Commissioner, Telangana State rrrrbiam:l5r'iil."ri.it] lnformation Commission Samachara Hakku Hyderabad - 500001. -dhrr"n,

9. Public lrrformation Officer, Telangana . State lnformation Commission Samachara Hakku Bhavan, ttlojam-Jaii-Market, Hyoerabid r sooooi .

10.The Prin:ip_al Secretary,.. Gerneral Administration Department, State of Telangana, Dr. B R Ambedkar Secretariat, Hyderabad, Telangana.' 'l1.The stater of relanga!'r.a,.chief secretary, state of relangana, Dr. B R ' Ambedkal' Secretariat, Hyderabad.

12.One CC to SRI TUAHESH IUAMINDLA Advocate [OPUC]. 13.Two CCs to GP FOR INFORIVIATION & TECHNOLOGY,High Court for the State of T,:langana at Hyderabad IOUTI

14.Two CD CoPies D.N GJP HIGH COURT DATED:18/09/2025 TITE C) 3 F t: I 20?$ * * ORDER WP.No.28503 of 2025 /l t a DISPoSEDoFTHEWRITPETITIoNWITHoUT c $ ,\,\* -''"*4lt$i;&., .,.-,

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