C/SCA/6471/2018 JUDGMENT DATED: 06/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6471 of 2018 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================== Approved for Reporting Yes No ✔ ========================================== PANKAJ RAVJIBHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================== Appearance: PARTH BRAHMBHATT FOR VISHAL S AWTANI(7913) for the Petitioner(s) No. 1 MS NIRALI SARDA AGP for the Respondent(s) No. 1,3 MR SHIVANG M SHAH(5916) for the Respondent(s) No. 2 NOTICE SERVED BY DS for the Respondent(s) No. 4 ========================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 06/04/2026 ORAL JUDGMENT 1. RULE. Learned counsel waives service of notice of rule on behalf of the respective respondents. 2. With the consent of learned counsel for both the sides, the present petition is taken up for =nal hearing. 3. Present petition is =led by the petitioner under Article 226 of C/SCA/6471/2018 JUDGMENT DATED: 06/04/2026 the Constitution of India and under the provisions of the Right to Information Act, 2005 (hereafter be referred to as “the RTI Act”) seeking following reliefs:- “A. YOUR LORDSHIPS may be pleased to pass a writ of mandamus or pass any writ, order or direction in the nature of mandamus directing the Respondent No.4 Public Information O&cer of the O&ce of Mamlatdar (Daskroi) to supply the information as sought for vide the application dated 15.06.2016 and further be pleased to direct Respondent No.4 Public Information O&ce of the O&ce of Mamlatdar (Daskroi) to comply with the order dated 21.09.2016 passed by Respondent No.3 herein as well as order dated 29.11.2016 passed Respondent No.2 herein. B. YOUR LORDSHIPS may further be pleased to pass a writ of mandamus or pass any writ, order or direction in the nature of mandamus directing the Respondent No.2 State Information Commissioner to initiate enquiry/proceedings under Section 20 of the Act against the Respondent No.4 Public Information O&ce of the O&ce of Mamlatdar (Daskroi); C. During the pendency, admission and 8nal disposal the present petition, YOUR LORDSHIPS may be pleased to direct the Respondent No.2 to decide the application dated 02.02.2018; D. Any other and further relief that may deem 8t by this Hon'ble Court in the interest of justice; 4. Brief facts of the present petition are in nutshell as under:- 4.1 The petitioner has preferred an application under Section 6 of the RTI Act seeking information pursuant to land bearing 79 (O1d Survey/Block Survey No. No.15) admeasuring about 30932 square meters situated at District - Sub District Ahmedabad (Daskroi) from respondent No. 4 - Public Information OFcer [ Mamlatdar (Daskroi) ] C/SCA/6471/2018 JUDGMENT DATED: 06/04/2026 but the same has not been provided within statutory period of thirty days. That the petitioner had preferred First Appeal under the provisions of the RTI Act before respondent No.3 – First Appellate Authority and Prant OFcer (Daskroi), which came to be allowed and directed respondent No.4 to supply information within ten days, however, the respondent No.4 has not complied with the order and not supplied the information as directed by respondent No.3. Thereafter, the petitioner had sent communication to respondent No.3 with non-compliance of the order passed by respondent No.4, but the communication did not yield any eJective result. 4.2 The petitioner had preferred second appeal before respondent No.2 under the RTI Act, which came to be allowed and again directed respondent No.4 to supply the information within one month but still respondent No.4 has not supplied the information even after said two orders. That the petitioner approached respondent No.2 – State Information Commissioner, Gujarat informing about non-compliance of the order passed by respondent No.2 despite this, the petitioner approached several authorities but he is suJering from non- performance of statutory duty by the concerned public authorities and hence, this petition. 5. Heard learned counsel for the petitioner, learned Assistant Government Pleader for respondents No.1 and 3 and learned counsel for respondent No.2. Perused the material placed on record. 6. Learned counsel for the petitioner has submitted the same facts which are narrated in the memo of petition and has submitted that though there was speci=c direction given by the respondent No.3 to furnish all necessary information / documents which were sought for C/SCA/6471/2018 JUDGMENT DATED: 06/04/2026 by way of application =led under the RTI Act, which was not complied with. Learned counsel for the petitioner has submitted that the petitioner had preferred second appeal before respondent No.2 and respondent No.2 directed respondent No.4 to furnish all details immediately as reason assigned by the appellate authority. It is submitted that when he visited respondent No.2, the petitioner received a letter where it has been stated that the information which was sought for was not available in the oFce of the concerned Talati and that record was not found and that the revenue entry whose record has been sought by the petitioner was =nalized in the year 2002. It is submitted that the copy of the order was not supplied on the ground that the said entry was reviewed by the Deputy Collector in the year 2016 and therefore said record was not available in the oFce of the concerned Talati, however, the appellate authority has denied the said contention raised by the respondent – authorities and directed them to furnish information, however, the same was not supplied and therefore, the petitioner =led this petition. It is submitted on behalf of the petitioner that the petition deserves to be allowed. 7. Learned Assistant Government Pleader for respondents No.1 and 3 has referred to the aFdavit-in-reply =led by respondent No.1. The relevant paragraphs of the aFdavit-in-reply reads as under:- “From the plain reading of the present petition, it appears that the petitioner has prayed before this Hon'ble Court to direct the respondent no. 4, Public Information O&cer of the O&ce of Mamlatdar (Daskroi) to supply the information, as sought for vide application dated 15.06.2016 and further be pleased to direct the respondent no. 4, Public Information O&cer to comply with the order dated 21.09.2016, passed by respondent no. 3 herein as well as order dated 29.11.2017, passed by respondent no. 2 herein. Further be pleased to direct the respondent no. 2, State Information Commissioner to initiate inquiry/proceedings 2 under section 20 of the act C/SCA/6471/2018 JUDGMENT DATED: 06/04/2026 against the respondent no. 4, Public Information O&cer of the O&ce of Mamlatdar (Daskroi). The brief facts of the present petition are as follows: the present petitioner has 8led an application under RTI Act on 15.06.2016, under section 6, before the respondent no. 4, i.e, Public Information O&cer of the O&ce of Mamlatdar (Daskroi). The respondent no. 4 has carried out the inspection regarding the information sought by the present petitioner but the information sought is not able to trace out from the records available with the O&ce of the respondent no. 4. The present petitioner has asked for the following information. (1) The copy of the entry no. 1569 dated 08.01.2016 pertaining to the survey no. 97 (old survey no. 15) of the land situated at Village Huka, Taluka Daskroi. (2) The certi8ed copy of the order dated 14.06.2002, passed by the Learned Mamlatdar, Daskroi and the order dated 28.10.2001, passed by the Deputy Collector, Daskroi (Prant O&cer). Being aggrieved by non ful8llment of information, the present petitioner had 8led an First Appeal before the respondent no. 3, First Appellate Authority and Prant O&cer, Daskroi on 12.08.2016 and the respondent no. 3 was pleased to allow the appeal made by the present petitioner and directed the respondent no. 4 vide order dated 21.09.2016 to give the information sought within 10 days of the order. Being aggrieved and dissatis8ed with the order passed by the respondent no. 3, the petitioner had 8led the Second Appeal before the respondent no. 2, State Information Commissioner, Gujarat and the respondent no. 2 had allowed the Second Appeal dated 18.11.2016, and directed the respondent no. 4 vide order dated 29-11-2017 to supply the information sought by the petitioner vide application dated 15.06.2016, within one month and submit a report before the respondent no. 2. I say and submit that the information which is sought by the petitioner is not available in the records of the O&ce of Mamlatdar, Daskroi. After the bona8de eCorts, made by the respondent no 4, the information sought by the present petitioner is not traceable. The respondent no. 4 has carried out the search operation several times for the information sought by the petitioner. For that purpose, the petitioner has carried out the search with the team of 2 employees on 13.10.2017. Thereafter, the respondent no. 4 vide letter dated 21.10.2017 has asked the present petitioner to remain present on 26.10.2017 for search of documents, which the petitioner has sought for vide application dated 15.06.2016. Page 5 of 10 C/SCA/6471/2018 JUDGMENT DATED: 06/04/2026 Despite the fact that the present on 26.10.2017 for search of documents, which the petitioner has sought for vide application dated 15.06.2016. Despite that the respondent no. 4 has called the petitioner, the petitioner was not present on the date of search before the authorities and on 30.10.2017, the petitioner was informed that the records were not available, pertaining to the information, sought by him. The respondent no. 4 again constituted a committee of 2 members to 8nd out from the records available with the O&ce of Mamlatdar, Daskroi, but this time also, the information sought by the present petitioner was not traceable. I say and submit that being aggrieved with the order passed by the respondent no. 2 and 3 vide order dated 21.09.2016 and 29.11.2016 respectively. The petitioner has 8led the present petition. In the meanwhile, the respondent no. 4 has carried out once again the search for the documents, sought by the petitioner on 15.09.2023, but the information or the documents are not available with the O&ce of the Mamlatdar, Daskroi. It is pertinent to note that the entry no. 1569 dated 08.01.2016 for the survey no. 97 (old survey no. 15) of the land situated at Village Huka, TalukaDaskroi was cancelled by the Circle O&cer - vide entry no. 1691 on 08.03.2018. Despite all the bona 8de eCorts, made by the answering respondent, the information, which is sought by the petitioner is not available with the records and could not be traced out. 7.1 Learned Assistant Government Pleader submits that considering the contents of the reply, the petition being meritless deserves to be dismissed. 8. It is the contention on the part of the petitioner that he has =led this petition challenging inaction on the part of the respondent – authorities. That the petitioner had =led application under RTI Act before respondent No.4 seeking relevant documents, but the same was not provided to him, however, he has =led =rst appeal being RTI/Appeal/Case No.13/2016 before respondent No.3. It is also the C/SCA/6471/2018 JUDGMENT DATED: 06/04/2026 contention of the petitioner that the said appeal came to be allowed and directed respondent No.4 to furnish the relevant information to the petitioner, despite this order, the same has not done and, therefore, the petitioner has =led second appeal before respondent No.2, which was also allowed on 29.11.2017. The relevant paragraphs of the order passed by respondent No.2 reads as under:- “(4) The Ld. advocate for the appellant submits during the hearing that he had visited the o&ce of the Public Information O&cer on 26/10/2017. The appellant had received the letter dated 30/10/2017 from the Public Information O&cer. The Public Information O&cer had informed the appellant in the said letter that all the eCorts had been made to 8nd the information which had been sought by the appellant, but the record could not be found. The Ld. advocate for the appellant submits that the revenue entry whose record has been sought by him was 8nalized in the year 2002. He further states that the said entry was reviewed by the Prant O&cer in the year 2016. Thus, he states that it is an unacceptable fact that the record of the entry, which was reviewed by the Prant O&cer in the year 2016, cannot be found. The said submission of the appellant appears to be true. Papers regarding an entry are the documents to be preserved permanently as per the rules of the Revenue Department. Therefore, the said papers are required to be searched and provided to the appellant. (5) Due to his duty in the Gujarat Legislative Assembly elections, the Public Information O&cer has not remained present. The submission made the ld. advocate for the appellant and the papers of the case have been considered. The record sought by the appellant is required to be preserved permanently. Therefore, the Public Information O&cer shall furnish the information sought by the appellant within one month from the date of receiving this order after searching the same, and the report thereof shall be submitted to the Commission by 15/01/2018.” 9. It appears that along with the aFdavit-in-reply, the respondent – authority has submitted certain documents and even the petitioner C/SCA/6471/2018 JUDGMENT DATED: 06/04/2026 was intimated by letter dated 21.10.2017 to the eJect that on 26.10.2017, he may personally remain present in the oFce and in his presence, the documents will be searched, however, he has refused to remain present in the oFce of the Executive Magistrate, Daskroi. The oFce of the Executive Magistrate has prepared the rojkam for carrying out the search of the documents as asked by the petitioner, but the same was not found and tried to comply with the order and there is no any denial on the part of the respondent – concerned authority. The respondents have also referred and relied upon the order dated 16.06.2022 passed by this Court in Special Civil Application No. 7188 of 2021 and urged that the petition be dismissed as the respondents have tried to comply with the order but unfortunately the record was not found in the oFce of the Executive Magistrate, Daskroi and they have also prepared the panch rojkam and intimated to the petitioner to remain present, but he has not remained present at the time of searching the documents. 10. This Court [Coram: Hon’ble Mr.Justice A. S. Supehia] in Special Civil Application No. 7188 of 2021 has held and observed in paras 7, 8 and 9 as under:- “7. Thus, in the considered opinion of this Court, the order dated 07.03.2021 passed by the respondent No.1 has been said to have been complied with, in wake of the option given to the respondent No.5 either to supply the information or send necessary details of the search or eCorts made in 8nding such record. The directions issued in the said order do not in any way imply that information or record is required to be given. The direction, as stated hereinabove, are in two parts, either to give the record “OR” to supply the details of the eCorts made by the respondent No.5 in tracing out the record to the petitioners. Accordingly, Panch Rojkam dated 10.12.2021 prepared by the respondent No.5 reveals that despite their eCorts, they are unable to 8nd the record. It is not the case of the C/SCA/6471/2018 JUDGMENT DATED: 06/04/2026 petitioners that Rojkam is falsely prepared and is concocted. 8. Learned advocate for the petitioners has placed reliance on sub-section (2) of Section 20 of the RTI Act, which reads as under: (2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information O&cer or the State Public Information O&cer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time speci8ed under sub-section (1) of section 7 or mala8dely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information O&cer or the State Public Information O&cer, as the case may be, under the service rules applicable to him. 9. In the considered opinion of this Court, the provision of Section 20(2) of the RTI Act will not apply in the present case as it is not the case of the petitioners that any incorrect or misleading information has been provided to them or the information has been destroyed mala 8dely. If the petitioners are aggrieved by the action of the respondent authority in non-preservation of the record or destruction of the record in illegal manner, they may approach the concerned authority. There is no 8nding of any of the authority that such information has been destroyed with mala 8de intent. While exercising discretionary power vested under Article 226 of the Constitution of India, this Court cannot delve in the question of fact with regard to destruction or non-preservation of the record of the deceased petitioner.” 11. In view of the aforesaid facts and circumstances of the case and the order dated 16.06.2022 passed by the Coordinate Bench of this Court in Special Civil Application No. 7188 of 2021, this Court is of the opinion that the petition being meritless deserves to be dismissed. C/SCA/6471/2018 JUDGMENT DATED: 06/04/2026 12. In light of the aforesaid foregoing reasons and observation, the petition stands dismissed. Rule is discharged. There shall be no order as to costs. It is open for the petitioner to take appropriate recourse to challenge the said entry by way of preferring proceedings before the appropriate forum. It is to be noted that this order shall not come in the way of the petitioner. (HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/04/2026 17:13:27