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2025 DAILYLAW 20595 (CHH)

STATE OF CHHATTISGARH v. CHHATTISGARH STATE INFORMATION COMMISSION

WPC/2491/2023 · 2025-04-04

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:16069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2491 of 2023 1 - State of Chhattisgarh Through Secretary, Department Of Home, Mantralaya, Mahanadi Bhavan, Nawa Raipur, Atal Nagar, District - Raipur (Chhattisgarh) 2 - The First Appellate Authority (Under Right To Information Act, 2005) - Cum - Joint Secretary Government Of Chhattisgarh, Department Of Home, Mantralaya, Nawa Raipur, Atal Nagar, District- Raipur (Chhattisgarh) 3 - The Public Information Officer (Under Right To Information Act, 2005) - Cum - Under Secretary Government Of Chhattisgarh, Department Of Home, Mantralaya, Nawa Raipur, Atal Nagar, District - Raipur (Chhattisgarh) ... Petitioners versus 1 - Chhattisgarh State Information Commission Through Its Secretary, Sector - 19, North Block, Nawa Raipur, Atal Nagar, District - Raipur (Chhattisarh) 2 - Gurjinder Pal Singh R/o - E/1, National Highway Colony, Vivekanand Nagar, Pensionbada, Raipur, District - Raipur (Chhattisgarh) 3 - The Chief Information Commissioner State Information Commission, Sector - 19, North Block, Nawa Raipur, Atal Nagar, District - Raipur (Chhattisgarh) 4 - Shri Dhanvendra Jaiswal State Information Commissioner, State Information Commission, Sector - 19, North Block, Nawa Raipur, Atal Nagar, District - Raipur (Chhattisgarh) ... Respondents (Cause-title taken from Case Information System) YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.08 11:07:58 +0530 2 For Petitioners/State : Mr. Praveen Das, Deputy Advocate General For Respondent No.2 : Mr. Himanshu Pandey, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 04.04.2025 1. Heard Mr. Praveen Das, learned Deputy Advocate General, appearing for the State/petitioners as well as Mr. Himanshu Pandey, learned counsel appearing for respondent No.2. 2. The petitioners/State has filed this petition with the following prayers:- “10.1 That, the Hon’ble Court may kindly be pleased to call the entire records of the instant case for its kind perusal. 10.2 That, this Hon’ble Court may kindly be pleased to quash the order dated 23/02/2023 (Annex.P-1) passed by the learned Commissioner. 10.3 Grant any other relief, which this Hon’ble Court deems fit and proper in the facts & circumstances of the case.” 3. Learned counsel appearing for respondent No.2 submits that he does not want to obtain the documents, for which he has filed an application under the Right to Information Act, 2005 as he has already received the said documents from the other authority, as 3 such, he is not willing to get the copies of the said documents under the Right to Information Act, 2005 from the petitioners. 4. Learned counsel for the petitioners/State submits that in view of the submission of learned counsel for respondent No.2, instant petition be allowed and the impugned order dated 23.02.2023 passed by the Chhattisgarh State Information Commission, Raipur, be quashed. 5. Considering the submissions made by learned counsel for respondent No.2 that he does not want to receive the said documents from the petitioners through Right to Information Act, 2005, as such, the order dated 23.02.2023 by which the petitioners were directed to supply the relevant document to respondent No.2 would be redundant and accordingly, the same is hereby quashed. 6. In view of the above, instant petition is allowed. There shall be no order as to cost(s). Sd/- - (Amitendra Kishore Prasad) Judge Yogesh