- 1 - NC: 2025:KHC:1971 WP No. 25965 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 25965 OF 2017 (GM-RES) BETWEEN: PAMPANAGOWDA MELUSEEME AGED ABOUT 35 YEARS, UNDER SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, (SERVICES-1), VIKASA SOUDHA, BANGALORE-560 001, KARNATAKA. …PETITIONER (BY SRI. AKHIL BABU., ADVOCATE FOR SRI. UMAPATHI.S., ADVOCATE) AND: 1. KARNATAKA STATE INFORMATION COMMISSION, REPRESENTED BY ITS SECRETARY, GATE NO.2, 3RD FLOOR, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDI, BANGALORE-560 001. 2. SRI. SHARANABASAIAHA SWAMY CHANDRASHEKHARAIAHA SWAMY HIREMATH, UMASHNAKAR NAGAR 1ST MAIN, A CROSS, RANEBENNURU TQ, HAVERI-581 115. …RESPONDENTS (BY SRI. RAJASHEKAR.K., ADVOCATE FOR R1; R2-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1971 WP No. 25965 of 2017 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Akhil Babu., counsel on behalf of Sri.Umapathi.S., for the petitioner and Sri.Rajashekhar.K., counsel for respondent No.1 have appeared in person. 2. An emergent notice to the respondents was ordered on 28.06.2017. A perusal of the office note depicts that respondent No.2 is served and unrepresented. He has neither engaged the services of an advocate nor conducted the case as a party in person. 3. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the impugned orders in case bearing number KIC 948 COM 2015 passed by the First Respondent dated 12.05.2017 vide Annexure-L. 4. Heard the arguments and perused the Writ papers with care. 5. The second respondent Sharanabasaiaha Swamy had sought certain information and accordingly, he filed an - 3 - NC: 2025:KHC:1971 WP No. 25965 of 2017 application on 10.12.2014. The information was not furnished. Hence, he filed a compliant under Section under 18(1) of RTI Act, 2005. Based upon the complaint, the Commission proceeded further in the matter and passed orders on 09.12.2016 and 12.05.2017 and imposed penalty of Rs.25,000/-. The action on the part of the Commission is untenable. The reason is apparent. It is pivotal to note that whenever a person seeks information and if the same has not been furnished, an appeal must be preferred before the Commission in view of the law laid down by the Apex Court. However, in the present case, a complaint was filed instead of filing an appeal and the Commission has erroneously proceeded further in the matter. This is unsustainable because of the law laid down by the Apex Court. For the reasons stated above, the order passed by the first respondent is liable to be set-aside. 6. The Writ of Certiorari is ordered. The impugned order dated:12.05.2017 passed by the First Respondent in case bearing number KIC 948 COM 2015 vide Annexure-L is quashed. - 4 - NC: 2025:KHC:1971 WP No. 25965 of 2017 7. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 53