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2025 DAILYLAW 186708 (ALL)

ANARA v. STATE OF U.P. THRU. CHIEF SECY. LKO. AND 3 OTHERS

WRIC/10598/2025 · 2025-12-03

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10598 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. An out-of-station slip has been sent by Sri Awadhesh Kumar Chaturvedi, learned counsel for the petitioner. Learned counsel for the respondent has pointed out the earlier order passed by this Court. The Court had directed Shashikant Sonkar, Village Development Officer, Gram Panchayat Shanichara Daan Taari, Vikas Khand Harraiya, District Azamgarh, to appear before the Court along with the amount to be paid to the petitioner in Court on that day and also with the information required to be provided to the petitioner. Shashikant Sonkar is present and he says that the amount which was due to be given to the petitioner has been deposited in the State Information Commission and the information that was required to be given to the petitioner has also been submitted before the State Information Commission. Sri Sikhar Anand, learned counsel appearing for the State Information Commission, has also pointed out that the prayer clause in the writ petition may be perused by this Court. We have perused the prayer clause in the writ petition, which is being quoted hereinbelow:– I. Issue any appropriate writ or order thereby setting aside the order dt.12.08.2025 passed by the Uttar Versus Counsel for Petitioner(s) : Sajjad Husain, Awadhesh Kumar Chaturvedi, Kulsoom Firoz Counsel for Respondent(s) : C.S.C. Anara .....Petitioner(s) State Of U.P. Thru. Chief Secy. Lko. And 3 Others .....Respondent(s) Pradesh State Information Commission in Appeal No. S-11/2154/A/2023, to the effect it disposes of the Second Appeal without providing the sought information in the interest of justice. Copy of the Order dt. 12.08.2025 is annexed herewith as Annexure No.1 to this petition. II. Issue writ, Order or direction commanding and directing the Respondent No.2 restore the Appeal No. S-11/2154/A/2023 thereby summoning and enforcing the Respondent No.3 to provide the sought information to the petitioner by exercising its powers under section 18(3) of RTI Act, 2005 within a specified period as may be deemed by this Hon'ble Court for securing the ends of justice. Copy of the Second Appeal dt. 22.09.2023 is annexed herewith as Annexure No.3 to this petition. III. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent No(s). 3 & 4 to forthwith comply with the orders passed by the Hon'ble State Information Commission dated 14.05.2024, 31.07.2024, and 12.08.2025, and to supply complete information sought by the petitioner in her RTI application dated 12.04.2023 within a time-bound period for securing the ends of justice. IV. Issue any appropriate writ or order thereby directing and commanding the Respondent No.2 Uttar Pradesh State Information Commission to ensure the recovery of penalty imposed upon the Respondent No.2 vide Order dt. 12.08.2025 within a stipulated time period as may be deemed by this Hon'ble Court in the interest of justice. V. Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the state opposite parties, particularly OP No.2, 3, 4 to initiation of appropriate disciplinary action against the erring Public Information Officer for deliberate non-compliance of statutory obligations and orders of the State Information Commission. VI. Issue a writ, order or direction in the nature of WRIC No. 10598 of 2025 2 Mandamus commanding the Uttar Pradesh Information Commission to decide the petitioner's recall application dated 09.09.2025 within a time-bound period as fixed by this Hon'ble Court in the interest of justice. Copy of the Recall Application dt. 09.09.2025 is annexed herewith as Annexure No.8 to this petition. It has been submitted by Sri Sikhar Anand that the petitioner has challenged the order of the State Information Commission passed in second appeal. She has also filed a recall application, which is pending before the State Information Commission, and the first prayer relates to quashing of the order passed by the State Information Commission, and the subsequent sixth prayer relates to a direction to the State Information Commission to decide the recall application. This petition is disposed of with a direction to the State Information Commission to decide the recall application of the petitioner at the earliest, say within a period of six weeks from the date a copy of this order is produced before it. December 3, 2025 Ashish Dewal WRIC No. 10598 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench