High Court · 2025

Judgment

1. 2 State of Telangana, Rep by its Principal Secretary Revenue Department Telangana Secretariat, Hyderabad. The Public lnformation Officer-cum- Tahsildar, Zatfargadh Mandal, Jangaon District. 3- Revenue Divisional Officer, Jangaon. 4. Telangana State lnformation Commission, D.No.5-4-399, Samachara Hakku Bhavan Housing Board Building, Mojam-Jahi-l\larket Hyderabad - 500 001. ...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 declaring the action of the respondents in not furnishing the information sought by the petitioner under Sec. 6 (1), 19(1) and 19(3) of RTI Act, 2005, pertaining to land situated in Sy.No.75, 1471A, 1481A and 159/A of Obulapuram Village, Zaffargadh Mandal, Jangaon District, as illegal, arbitrary and in contradiction to the provisions of the Right to Information Act, 2005 apart from being violation of Article 14 and 21 of Constitution of lndia and consequently direct the respondents to provide the information requested by the Petitioners in application dated 23.06.2025. a * , t I * t N IANO:1O F 2025 petition urder Section 151 CPC praying that in the :ircumstances stated in the affidavit filed in support of the petition, the High C rurt may be pleased to direct the 4th re:;pondent to forthwith act upon the appli:ation of the petitioner dated 041091202f, and pass appropriate orders on the sai(i appltcatron. t * Counsel for the Petitioner : SRI SHREYAS REDDY YALI,GlRl Counsel for the Respondents No.1to3 : GP FOR REVEN JE Counsel for the Respondents No.4 : GP FOR TS INFORIIIATION COMMISSION The Court made the following: ORDER f , a t , a a a a t a * a 'i a THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI ORDER: WRIT PETITION No.3O7o5 0F 2025 is challenging the In this writ petition, the petitioner lnaction on the part of the respondents in furnishing the information sought for by the petitioner under Sections 6(1), 19(1) and 19(3) of the Right to Information Acr, 2005 (for short .RTI ActJ pertaining to the land situated in .S,r.Nos.75, 147 iA, L48/A and 159/A of Obulapuram Viliage, Zaf[argadhr Mancial. Jangaon District, as illegal and arbitrary and is consequcntly seeking a direction ro the respondents to provide information requested by him in application dated 23.O3.2025.

2. Heard the learned counsel for the petrtioner, learned Government Pleader for Revenue appcaring lor respondents No. 1 to 3 and the learned Governmenl pleader for Telangana State Information Commission appearing for respondent No. 4. Learned counsel for the petitionr:r submitted that neither the Public Information Officer nor thc l "r appellate and 2"d appellate authority have acted upon thc applications of the petitioner.

4. l,earned Government pleader for RTI appearing lor the respondents submitted that the application under Section 6(l) of ';ri{*B&&. i t the Act has rtot been made to the Public Informatir'rr Officer' but it has been submitted to the Tahsildar' who is not the competent authority to iurnish information' Learnt:d counsel for the petitioner' howevet has drawn thc 5. attention of this Court to Section 6(3) of the p11 ,\l::t, which reads as under:- " section 6(3) of Indir-'s Right to lnfonnatiot' (RTI) Act, 2005, mandates that a public auihoity m',tst transfer an RTI application to 'tttother pttblic authoitg if the requested- informtlion is that other outhoitA or relate:; to tts tutld by This transfer must ocatr utitktn fiue receiuing the application, or'd the functions doys of applicant must be infonned of ttrc transJit' '"

6. He tL.erefore, submitted that the authority vho has received the application is not the competent authority' l'e ought to have transferred the application to the Officer havin 3 the jurisdiction to have informed about the said transfer lo the He lurther submitted that none of thr authorities have the petitioner that Tahsildar is rlot the Public informed Informatio e Ofhcer. According to the petitioner, Tahsildar is the and ought petitioner. Public lnfcrmalion Ofhcer J

7. Having regard to the rival submissions of both the parties, this Court is of the opinion that respondent No.2 ought to have furnished the information to the petitioner within thc prescribed time. Further, neither the 3.d respondent nor thc 4rl. respondent have responded to the application filed by the petitioner and if respondent No. 2 was of the opinion that the petitioncr has not made application to the appropriate authority, he ought to have transferred the same to the appropriate authoriry.

8. In view thereof, respondents No.2 to 4 are directed lo consider the application submitted by the petitioner and furnish information sought by him, within a period ol four (04) weeks lrom the date of receipt of a copy of this order

9. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any, pending in this writ petition stand closed. To, //TRUE GOPY// -SD/-C. DEEPIKA TANT REGISTRAR ECTION OFFICER I I District. a Secretariat, State of Telangana, Hyderabad. 1 The Principal Secretary Revenue Department Telang 2. The Public lnformation Officer-cum- Tahsildar, Zaftargadh Mandal, Jangaon 3. The Revenue Divisional Officer, Jangaon. 4. The Telangana State lnformation Cohmission, D.No.5-4-399, Samachara Hakku Bhavan Housing Board Building, Mojam-Jahi-Market Hyderabad _ 500 001. 5 One CC to SRI SHREYASREDDY YALAG|Rt, Advocate. [OPUC] 6 Two CCs to GP FOR REVENUE, High Court for the State bf Tetai.rgana. T rwo CCs to GP FOR TELANGANA STATE TNFORMATTON COMM|SS|ON, ^ High Court for the State of Telangana. [OUT] 8. Two CD Copies. Iour] BSK BS w a ,$ a t t- ,,f, '' ,,.]:' 'r B 0tli 2U5 i, --.-:::-:-2 I ,..49 \ nrcH couRT DATED:0911012025 ORDER WP.No.30705 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \r.' Qek oP'- \tY-r.d€ a i i a f a , a I I t a f a t o $