MAHENDRA KUMAR GUPTA v. CHHATTISGARH STATE INFORMATION COMMISSION
WPC/1746/2025 · 2025-04-07
Shri Amitendra Kishore Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14908 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14908 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16212
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1746 of 2025 Mahendra Kumar Gupta S/o Late Ramchandra Prasad Aged About 73 Years R/o Ward No. 06, Nagar Panchayat Pratappur, Police Station Road Pratappur District Surajpur, Chhattisgarh.
... Petitioner versus 1 - Chhattisgarh State Information Commission Through Chhattisgarh State Information Commissioner, Office At Sector- 19, North Block, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - First Appellate Officer/ Chief Executive Officer Janpad Panchayat Pratappur, District Surajpur, Chhattisgarh. 3 - Public Information Officer/ Secretary, Gram Panchayat Dhondha, Janpad Panchayat Pratappur, District Surajpur, Chhattisgarh.
... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Kaushalya Yadav, Advocate For Respondent No.1 : Mr. Shyam Sunder Lal Tekchandani, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 07.04.2025
1. Heard Ms. Kaushalya Yadav, learned counsel for the petitioner as well as Mr. Shyam Sunder Lal Tekchandani, learned counsel appearing for respondent No.1. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.09 09:58:14 +0530
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2. The instant writ petition is preferred by the petitioner under Article 226 of the Constitution with the following relief(s):-
“10.1 That, this Hon'ble Court kindly be pleased to direct the respondent No.1 for early disposal of the Second Appeal filed by the petitioner as early as possible within period of 30 days. 10.2 That, this Hon'ble Court kindly further be pleased to direct the respondent authorities to provide the true copy of documents as demanded by the petitioner in his application filed under Right to Information Act (mentioned in Annexure P-1). 10.3 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon'ble Court deems fit in the circumstances of the case.”
3.
Brief facts of the case, are that the petitioner had earlier submitted an application to the respondent No.3 seeking true copies of documents and when the document sought by the petitioner was not supplied, the petitioner filed first appeal before the respondent No.2, but respondent No.3 has not supplied the documents sought by the petitioner. Thereafter, the petitioner again filed the
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Learned counsel for the petitioner submits that he has filed a second appeal for seeking some documents, but the same has not been considered and decided till date, hence a direction be given to the respondent authorities to consider and decide the second appeal filed by the petitioner within the specific time frame.
5. On the other hand, learned counsel appearing for respondent No.1 fairly submits that vide order dated 06.03.2024, the Chief Executive Officer, Janpad Panchayat Pratappur, District Surajpur (C.G.) has allowed the appeal filed by the petitioner and directed the concerned Information Officer to provide the documents as demanded by the petitioner and further a direction was given to the petitioner to pay requisite fees for the information, which he has been sought, but the requisite amount has not been deposited by the petitioner.
6. At this stage, learned counsel for the petitioner submits that the petitioner will go before the First Appellate Authority and deposit the requisite amount and in turn, the authorities may be directed to give all the information as sought for within some stipulated period.
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7. I have heard learned counsel appearing for the parties and perused the materials available on record.
8. Considering the overall facts and circumstances of the case, the First Appellate Authority i.e., Chief Executive Officer, Janpad Panchayat Pratappur, District Surajpur (C.G.) is directed to receive the requisite amount in respect of supply of the documents as sought for by the petitioner and in case the petitioner deposits the requisite amount, then the documents may be supplied to him within a period of 10 days from the date of deposit of requisite amount by the petitioner.
9. With the aforementioned observation/direction, instant writ petition is disposed of.
Sd/- -
(Amitendra Kishore Prasad)
Judge Yogesh