HUSSAINABAD AND ALLIED TRUST HAVING THRU. SECY. MR. MAHENDRA PAL SINGH v. U.P. INFORMATION COMMISSION THRU. REGISTRAR GOMTI NAGAR U.P. AND 2 OTHERS
/11586/2025 · 2025-12-04
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182153 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182153 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11586 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief(s):
"i. Issue a writ, order or direction in the nature of certiorari quashing the entire proceedings arising of Complaint No. S-01/ C/ 0100/2025. including the orders dated 03.07.2025, 06.08.2025 & 17.09.2025 passed by the State Chief Information Commissioner, Uttar Pradesh Information Commission passed in Complaint No. S-01/ C/ 0100/2025(Annexure No.1,2 & 3)."
3. The issue is presently pending before the State Chief Information Commissioner, wherein the petitioner has raised a preliminary objection stating that RTI Act does not apply to the petitioner as the petitioner is not a public authority. This issue is still not being decided by the State Chief Information Commissioner.
4. In our view, until this issue is decided by the State Chief Information Commissioner, no further action should be taken by the State Chief Information Commissioner. The order dated 3rd July, 2025 only states Versus Counsel for Petitioner(s) : Sumeet Tahilramani, S M Singh Royekwar Counsel for Respondent(s) : Shikhar Anand Hussainabad And Allied Trust Having Thru. Secy. Mr. Mahendra Pal Singh .....Petitioner(s) U.P. Information Commission Thru. Registrar Gomti Nagar U.P. And 2 Others .....Respondent(s)
that the State Chief Information Commissioner does not agree with the stand taken by the petitioner, but no reason has been provided for rejecting the stand taken by the petitioner.
5. In light of the same, we quash the impugned order and direct the State Chief Information Commissioner to decide the issue as to whether the petitioner would fall within the ambit of the RTI Act.
6. In light of the same, all the consequential orders are also quashed and set aside. Hearing should be granted to the petitioner before passing the de nova order.
7. With the above directions, the writ petition is disposed of. December 4, 2025 Ashutosh WRIC No. 11586 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench