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2025 DAILYLAW 11042 (AP)

MOGAL NOORULLA v. THE STATE OF ANDHRA PRADESH

WP/6466/2025 · 2025-03-18

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE (f^ PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6466 OF 2025 Between: Mogal Noorulla, S/o. Mogal Hussain Baig, Aged about 52 years, Occ. President, NRDS Voluntary Organizatioin, NR Function Hall, R/o. D.No.9/421, Rayachoti raod, Kadiri, Sri Satya Sai District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary MA & UD Department, Secretariat, Velgapudi, Guntur District. 2. The A.P. State Information Commission, Rep. by its Commissioner, First Floor, MGM Capital, Abetting NH-16 Service Road, Chinna Kakani, Mangalagiri, Near NRI Hospital, ‘Y’ Junction, Guntur District - 522 508. 3. The Reginal Director of MA & UD Department, Rep. by it's Reginal Director, MA and UD Department Office Anantapuramu, Anantapuramu District. 4. The First Appellate Authority, rep.by its Commissioner, Kadari Municipality, Kadiri, Sri Satya Said District, 5. The Public Information Officer, Kadari Municipality, Kadiri, Sri Satya Said District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ by declaring the action of the 2nd Respondent in not disposing of the Petitioner's Appeal NO.15185/SIG-PSJ/2023 against not Providing information as per the petitioner's application dated 22.02.2023 by duly set asiding the Endorsement vide R.O.C No. 02/2023-El dated. 23.03.2023 as illegal, arbitrary, contrary to the Right to Information Act- 2005 and contrary to the well-established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioner under Article 300-A of the Constitution of India and violation of Principles of Natural justice and consequently direct the respondents to provide information as per the petitioner's application dated. 22.02.2023 requesting to furnish information from 2018 to 2023 the date of application against certain works carried by the 4th Repondent's Municipality. the made lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bd pleased to direct the respondents to provide the information as per the petitioner's application dated. 22.02.2023 requesting to furnish information from 2018 to 2023 the date of application made against certain works carried by the 4th Repondent's Municipality forthwith pending disposal above writ petition. of the Counsel for the Petitioner: SRI SHAIK MEERAVALI Counsel for the Respondent Nos. 1 to 3: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 4 & 5: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following: ORDER .isar /'V m APHC010127282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6466/2025 Between: ...PETITIONER Mogal Noorulla AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SHA1KMEERAVALI Counsel for the Respondent(S): 1.GP MUNCIPALADMNAND URBAN DEVAP The Court made the following ORDER: Heard Sri Shaik Meeravali, learned counsel for the petitioner and Sri Srikanth Reddy Ambati, learned Government Pleader for respondents 1 to 3. The grievance of the petitioner is that the second appeal vide Appeal NO.15185/SIC-PSJ/2023, dated 05.02.2025 filed by him under Section 19 (1) of The Right to Information Act, 2005 (for short “the Act”) on the file of the 2 respondent, has not been disposed of so far. Learned Government Pleader would submit that on the date fixed i.e. on 05.02.2023, the 5^^ respondent appeared and submitted documents before the 2"*^ respondent. The authority will dispose of the appeal as per the provisions of the Act. ...RESPONDENT(S) r 2. nd 3. 2 4. Section 19(6) of the Act mandates disposal of the appeal within 30 days. The time can be extended by 15 more days. In the case at hand, the petitioner filed a statutory appeal under Section 19 (1) of the Act on 27.03.2023. In fact, as per Ex.P.3, the Appellate authority issued notice. 5. 6. Given the facts and circumstances of the case, the writ petition is disposed of, at the admission stage directing the learned 2"" respondent to dispose of the appeal as expeditiously as possible, preferably within the time stipulated under Sec 19(6) of the Act from the date of receipt of copy of this order. No order as to costs. The Registry is directed to communicate this order to the 2"^ respondent. The learned counsel for the petitioner as well as the learned Government Pleader shall also place the order before the 2'"'^ respondent. Miscellaneous petitions pending, if any, shall stand closed. Sd/- K. SRINIVASA RAJU //TRUE COPY// assistant REGISTRAR / N OFFICER SE To, 1. The Principal Secretary, MA and UD Department, Secretariat, Velgapudi, Guntur District. '1 \ 2. The Commissioner, A.P. State Information Commission, First Floor, MGM Capital, Abetting NH-16 Service Road, Chinna Kakani, Mangalagiri, Near NRI Hospital, T Junction, Guntur District - 522 508. 3. The Reginal Director of MA and UD Department,, MA and UD Department Office Anantapuramu, Anantapuramu District. 4. The Commissioner, First Appellate Authority, Kadari Municipality, Kadirt, Sri Satya Said District, 5. The Public Information Officer, Kadari Municipality, Kadiri, Sri Satya Said District. 6. One CC to Sri Shaik Meeravali Advocate [OPUC] 7. One CC to Smt. Sireesha Rani Vallabhaneni (SC for Municipalites) Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF w HIGH COURT DATED;18/03/2025 ORDER WP.No.6466 of 2025 S»^ ^ 52 APR 2"® I ^S-^DeSPATC'^'" DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS