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2025 DAILYLAW 19146 (RAJ)

MOHAMMED SAUBAN MOHAMMED FAROOQ KHAN S/O MOHAMMED FAROOQ KHAN v. THE STATE OF RAJASTHAN

CW/7911/2025 · 2025-08-01

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:29443] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7911/2025 Mohammed Sauban Mohammed Farooq Khan S/o Mohammed Farooq Khan, Aged About 37 Years, Resident Of H.no. 2-11-40, Panchkuwa Kileark,aurangabad, Maharashtra- 431001. ----Petitioner Versus 1. The State Of Rajasthan, Through The Additional Chief Secretary, Department Of Water Resources, Government Secretariat, Jaipur. 2. Chief Information Commissioner, Rajsathan State Information Commission, Jhalana Link Road, Ots-Mnit Chauraha, Jln Marg, Jaipur- 302017. 3. Public Information Officer And Executive Engineer, Wr Kalisindh Project, Chappi Colony, Jhalawar, Rajasthan 326001. ----Respondents For Petitioner(s) : Mr. Darsh Pareek, Advocate. For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 01/08/2025 1. This instant petition has been filed on behalf of the petitioner with the following prayer: “(a) Issue a writ of mandamus or any other appropriate writ, directing Respondent No. 3 to provide the complete and accurate information sought by the petitioner in the RTI Application in compliance with the provisions of the RTI Act. (b) Issue a writ of mandamus or any other appropriate writ, directing Respondent No. 2 to adjudicate and pass reasoned order against Respondent No. 3 in accordance with Section 20(1) of the RTI Act. (c) Issue a writ of mandamus or any other appropriate writ to quash and set aside the letter dated 10.02.2025 (Annexure-10). [2025:RJ-JP:29443] (2 of 3) [CW-7911/2025] (d) Pass any such other order or orders as may be deemed fit by this Hon'ble Court in the facts and circumstances of the case in the favour of the petitioner.” 2. By way of filing this writ petition, the petitioner is seeking directions against respondent no.3 to provide the information as sought by the petitioner by way of an application under the provisions of Right to Information Act, 2005. Counsel submits that when no information was provided by the respondent no.3, the petitioner submitted second appeal before the Second Appellate Authority. 3. Counsel submits that Second Appellate Authority vide its judgment dated 28.10.2024 issued directions to respondent no.3 to provide the desired information. Counsel submits that in pursuance of the aforesaid order, the petitioner approached the office of the respondent no.3 but the desired information was not provided. Finally, the petitioner was directed to deposit a sum of Rs.6,520/- for getting the desired information running in three thousand two hundred and sixty pages at the cost of Rs.2/- per page. In pursuance of the letter dated 11.12.2024, the petitioner deposited the requisite amount of Rs.6,520/- in the office of respondent no.3 by demand draft. Counsel further submits that in spite of passing of more than six months, till date the order dated 28.10.2024 has not been complied with by the respondent no.3 and the desired information has not been provided to the petitioner despite submitting repeated representations for the aforesaid purpose. Hence, interference of this Court is warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. [2025:RJ-JP:29443] (3 of 3) [CW-7911/2025] 5. Considering the arguments put forward by the petitioner and looking to the order dated 28.10.2024 issued by the Second Appellate Authority and the subsequent letter dated 11.12.2024 issued by the State Public Information Officer, the petitioner has already complied with the order and deposited the requisite amount of Rs.6,520/- on 09.01.2025 for seeking desired information, there is no reason or occasion available with respondent no.3 to withhold and retain the information sought by the petitioner. The respondent no.3 is duty bound to comply with the order dated 28.10.2024. 6. Considering the factual aspects of the matter, this Court deems it just and proper to dispose of this instant petition by issuing directions to respondent no.3 to comply with the order dated 28.10.2024 passed by the Second Appellate Authority and supply the desired information to the petitioner expeditiously as early as possible preferably within a period of four weeks after receiving a certified copy of this order. (ANOOP KUMAR DHAND),J Tushar/45