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2025 DAILYLAW 16940 (KAR)

THE GENERAL MANAGER (ADMINISTRATION) v. THE STATE INFORMATION COMMISSIONER

WP/36383/2017 · 2025-01-23

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:2991 WP No. 36383 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 36383 OF 2017 (GM-RES) BETWEEN: THE GENERAL MANAGER (ADMINISTRATION), KAVERI GRAMEENA BANK, HEAD OFFICE, CA-20, VIJAYANAGAR 2ND STAGE, MYSORE-570 017. …PETITIONER (BY SRI. R.ASHOKAN., ADVOCATE) AND: 1. THE STATE INFORMATION COMMISSIONER, KARNATAKA STATE INFORMATION COMMISSION, M.S.BUILDING, 3RD FLOOR, 3RD STAGE, AMBEDKAR VEEDHI, BENGALURU-560 001. KARNATAKA STATE. 2. SRI. V.K.YOGEESHA AGED 56 YEARS, S/O LATE V.KESHAVA UPADHYA, RESIDING OF PRASHAN NILAYA, KARIKE POST-571 247. MADIKERI TALUK, KODAGU DISTRICT. …RESPONDENTS (BY SMT. VIDYA., ADVOCATE FOR SRI. G.B.SHARATH GOWDA., ADVOCATE FOR PROPOSED R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2991 WP No. 36383 of 2017 ORAL ORDER Sri.R.Ashokan., counsel on behalf of Sri.T.P.Muthanna., for the petitioner and Smt.Vidya., counsel on behalf of Sri.G.B.Sharath Gowda., for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 29.06.2017 passed by the respondent in No.KIC 4038 APL 2015 vide Annexure-A. 3. Heard the arguments and perused the Writ papers with care. 4. Counsel Sri.Ashokan., in presenting his arguments strenuously urged that the Commission has no jurisdiction to entertain the appeal. Counsel therefore, submits that an appropriate order may be passed. 5. Suffice it to note that one V.K.Yogeesha being the complainant had sought certain information from Information Officer (CPIO), Regional Office of the Kaveri Grameena Bank at Tumkur. The complainant contended that the officer declined to furnish the information sought by him. Hence, he filed an - 3 - NC: 2025:KHC:2991 WP No. 36383 of 2017 appeal before the Appellate Authority and the same came to be dismissed. Aggrieved by the order passed by the Appellate Authority, the complainant filed an appeal before the Karnataka State Information Commission. The appeal is pending and the Commission is yet to consider the same. However, the order dated 29.06.2017 fixing the date of hearing as 31.07.2017 at 3 pm., is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. The grievance of the petitioner is that the Commission has no jurisdiction to entertain the appeal. Hence, the petitioner has sought to quash the proceedings. In my view, the proceedings cannot be quashed. If at all the petitioner has any grievance about the maintainability of the appeal and jurisdiction of the Commission, it can as well agitate its grievance before the Commission in accordance with the law if so advised. I decline to exercise power under Writ jurisdiction. 6. Resultantly, the Writ Petition is dismissed. All the contentions of the petitioner is kept open. - 4 - NC: 2025:KHC:2991 WP No. 36383 of 2017 In view of dismissal of the petition, pending interlocutory applications if any are disposed of and the interim order granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 20