- 1 - HC-KAR NC: 2025:KHC:18647 WP No. 58126 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 58126 OF 2016 (GM-RES) BETWEEN: DR. DAYANAND B R. K.A.S, S/O T RAMAIAH, AGED ABOUT 41 YEARS, R/AT # S-6, HARI OHM APARTMENTS, 8TH CROSS, PRASHANTH NAGAR, BANGALORE-560 040. …PETITIONER (BY SMT. SUMANA BALIGA, ADVOCATE) AND: 1. KARNATAKA INFORMATION COMMISSION, 2ND FLOOR, M.S. BUILDING, BANGALORE-560 001, ALSO HAVING ITS 2ND UNIT AT MYTHIC SOCIETY, OPPOSITE YAVANIKA, NRIPATUNGA ROAD, BANGALORE-560 001, REP. BY ITS SECRETARY. 2. B A VENKATESH GOWDA, AGE MAJOR, # 800, WEAVERS COLONY, 12TH CROSS ROAD, NEAR BLOSSAOM PUBLIC SCHOOL, GOTTIGERE POST, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18647 WP No. 58126 of 2016 BANNERUGHATTA ROAD, BANGALORE-560 083. …RESPONDENTS (BY SRI. G B SHARATH GOWDA, ADVOCATE FOR R1, NOTICE TO R2-SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED SUMMONS DTD:12.6.2015 ISSUED BY THE R-1 VIDE ANNEXURE-D AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of Certiorari or any other similar Writ or order or direction to quash the impugned summons dated 12-6-2015 in KIC/528/APL/2015 issued by the First respondent vide Annexure D. b. Issue a writ of Certiorari or any other similar Writ or order or direction to quash the impugned order dated 3-7-2015 in KIC/528/APL/2015, produced as Annexure E. c. Issue a writ of Certiorari or any other similar Writ or order on direction to quash the - 3 - HC-KAR NC: 2025:KHC:18647 WP No. 58126 of 2016 impugned order dated 14-9-2015 in KIC/528/APL/2015, produced as Annexure F. d. Issue a writ of Certiorari or any other similar Writ or order or direction to quash the impugned order dated 11-2-2016 in KIC/528/APL/2015, produced as Annexure G. e. Issue a writ of Certiorari or any other similar Writ or order or direction to quash the impugned order dated 13-5-2016 in KIC/528/APL/2015 is produced as Annexure H. if. Issue a writ of Certiorari or any other similar Writ or order or direction to quash the impugned order dated 11-8-2016 in KIC/528/APL/2015 is produced as Annexure J. g. Pass such other orders or directions that this Hon'ble Court deems fit in the interest of justice in the facts and circumstances of the case in the Interest of justice and equity. 2. Respondent No.2 had submitted an application on 21.07.2014 seeking for copies of the orders in case No.HOA (SE) 17/1979-80. The Public Information Officer before whom the application was filed did not pass necessary orders within the prescribed time. As such, the appellant had filed an appeal. In the appeal, there was a direction which had been issued on 22.11.2014 directing the petitioner to provide the - 4 - HC-KAR NC: 2025:KHC:18647 WP No. 58126 of 2016 information within seven days. The petitioner is alleged to have furnished the information under cover of a letter dated 25.11.2014. Despite the same, respondent No.2 had filed second appeal before respondent No.1 in which the impugned orders dated 03.07.2015 and 14.09.2015 have been passed holding that the petitioner has not complied with the direction. 3. The submission of learning counsel for the petitioner is that the information had already been furnished on 25.11.2014 even before the second appeal was filed before respondent No.1. 4. The petitioner could not bring it to the notice of respondent No.1 on account of the petitioner having been suspended in other proceedings and the person who had been deputed to contest the matter had not brought the same to the notice of respondent No.1. Notice having been issued to respondent No.2, - 5 - HC-KAR NC: 2025:KHC:18647 WP No. 58126 of 2016 though served, there is no appearance on the part of respondent No.2 to ascertain the veracity of the furnishing of information under cover of letter dated 25.11.2014 (Annexure-B2) to the above petition. 5. The fact that such a letter has been placed on record enclosing the orders which had been passed in case No.HOA (SE) 17/1979-80 would indicate that the impugned orders could not have been passed imposing a fine of ₹10,000/- on the petitioner on the ground that the petitioner did not comply with the directions issued by the Karnataka Information Commission (respondent No.1). 6. In that view of the matter, I passed the following order: (i) Writ petition is allowed. (ii) Certiorari is issued and the impugned orders at Annexures-E, F, G, H and J are quashed. - 6 - HC-KAR NC: 2025:KHC:18647 WP No. 58126 of 2016 (iii) The matter is remitted to respondent No.1 for fresh consideration taking into consideration Annexure-B2 being the letter dated 25.11.2014 said to have been issued by the petitioner to respondent No.2 enclosing the amount of deposit. (iv) The amount in deposit is directed to be transferred to the account of respondent No.1 to be made use of by respondent No.1, in the event of respondent No.1 finding the petitioner to be in default of the orders. Sd/- (SURAJ GOVINDARAJ) JUDGE CS List No.: 1 Sl No.: 38