Page No. 1/4 GAHC010275202024 2025:GAU-AS:1181 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7008/2024 ISLAM UDDIN BARBHUIYA S/O- LATE AKADDAS ALI BARBHUIYA, VILL.- NIZ-FULBARI PT-III, P.O. FULBARI, P.S. KATIGORAH, DIST. CACHAR, ASSAM VERSUS ASSAM INFORMATION COMMISSION AND 5 ORS. REPRESENTED BY THE STATE CHIEF INFORMATION COMMISSIONER, ASSAM, GADAPANI PATH, JURIPAR, PANJABARI, GUWAHATI-37. 2:THE DISTRICT COMMISSIONER CACHAR P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM PIN- 788001. 3:THE CHIEF EXECUTIVE OFFICER CACHAR ZILLA PARISHAD P.O. SILCHAR DIST. CACHAR ASSAM PIN- 788001. 4:THE DEPUTY CHIEF EXECUTIVE OFFICER CACHAR ZILLA PARISHAD P.O. SILCHAR DIST. CACHAR ASSAM PIN- 788001. 5:THE BLOC DEVELOPMENT OFFICER KATIGORAH DEVELOPMENT BLOCK P.O. KATIGORAH Page No. 2/4 DIST. CACHAR ASSAM PIN- 788805. 6:THE SECRETARY 141 NO. FULBARI GAON PANCHAYAT VILL.- FULBARI P.O. FULBARI DIST. CACHAR ASSAM-788802 Advocate for the Petitioner : MR. A M S MAZUMDER, Advocate for the Respondent : GA, ASSAM, MR D DEKA,SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 05.02.2025 Heard Mr. A.M.S. Mazumder, learned counsel for the petitioner; Mr. D. Deka, learned Standing Counsel, Assam Information Commission for the respondent no. 1; Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent no. 2; and Mr. K. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 3, 4, 5 & 6. 2. The grievance of the petitioner, projected in this writ petition, in nutshell, is that when the petitioner approached the Assam Information Commission by way of a 2nd appeal under Section 19 [3] of the Right to Information [RTI] Act, the Assam Information Commission by its Order dated 05.06.2024 had inter-alia directed the respondent no. 3 to conduct a hearing in respect of the application submitted by the petitioner under the RTI Act and to complete the process within a period of twenty days from the date of receipt of the Order dated 05.06.2024. 3. The petitioner has averred that for conducting the hearing, notice was issued to the petitioner by the respondent no. 4 on 12.07.2024 as the 1st Appellate Authority. But the Page No. 3/4 process has not been brought to any conclusion in terms of the Order dated 05.06.2024 of the Assam Information Commission. 4. When the writ petition was listed on 24.01.2024, Mr. Konwar was requested to obtain instructions as to whether the 1st Appellate Authority, that is, the respondent no. 4 has decided the case in deference to the Order dated 05.06.2024 of the Assam Information Commission or not. Today, Mr. Konwar has placed a Communication bearing no. CRD- 30/RTI/Trns/Appeal/GC/ 2024/33/4403-04 dated 29.01.2025, addressed to him by the respondent no. 4. Along with the Communication dated 29.01.2025, a copy of an Order dated 23.07.2024 passed by the respondent no. 4, in deference to the Order dated 05.06.2024 of the Assam Information Commission is found enclosed. 5. On perusal of the Order dated 23.07.2024, it transpires that the respondent no. 4 as the 1st Appellate Authority, has disposed of the case on 23.07.2024. 6. At this stage, Mr. Mazumder, learned counsel for the petitioner has submitted that the petitioner has not been furnished with a copy of the Order dated 23.07.2024 though it was shown to have marked to him. Mr. Mazumder has further submitted that if a copy of this Order dated 23.07.2024 is supplied to him, then the petitioner if aggrieved by the Order dated 23.07.2024 passed by the 1st Appellate Authority can avail appropriate statutory remedy under the Right to Information Act, 2005. 7. Mr. Konwar, learned Additional Advocate General, Assam has handed over a copy of the Order dated 23.07.2024 to Mr. Mazumder, learned counsel for the petitioner today. 8. As Mr. Mazumder, learned counsel for the petitioner has received the copy of the Order dated 23.07.2024 today, the petitioner-applicant if aggrieved by the Order dated 23.07.2024 passed by the 1st Appellate Authority under Section 19[1] of the RTI Act, is at liberty to avail the appropriate remedy of preferring 2nd Appeal under Section 19[3] of the RTI Act within the prescribed time period and for all intents and purposes, the date, 05.02.2025 is to be treated Page No. 4/4 as the date of receipt of a copy of the Order dated 23.07.2025 passed by the 1st Appellate Authority. It is accordingly observed. 9. This order disposes of the writ petition. No cost. JUDGE Comparing Assistant