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2025 DAILYLAW 27578 (AP)

P HABIBUR RAHAMAN v. THE STATE OF ANDHRA PRADESH

WP/20138/2025 · 2025-09-09

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC6i 0390692025 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 20138 OF 2025 Between: P. I^labibur Rahaman, S/o. P.Abdul Salem Aged about 39 years, Occ: Social Worker R/o.Door No. 16-18, GppMadina Complex Dharmavaram - 515671 Ananthapuram District, A.P. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal, Secretary, Revenue Department, Secretariat, Amaravathi, A.P. 2. A P Information Commission, (under Right to Information Act 2005) 1ST floor, MGM Capital, Near NRI Hospital Cross Road, Service Road of NH-16 Chinnakakani, Mangalagiri, Guntur Dist-522508. 3. The Public Information Officer, The District Revenue Officer,(DRO) Ananthapuram District -515671. 4. The Public Information Officer, The Revenue Divisional Officer,(RDO) Dharmavaram Division, Ananthapuram District - 515671. 5. The Tahsildar, Dharmavaram Mandal, Ananthapuram District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus any other appropriate Writ or Writs, Order or Direction, declaring the inaction of the respondent No.2 in providing / information to the petitioner under Right to Information Act on the applications dated 28-12-2021 and 26-6-2023 as illegal unconstitutional and violation of principles of natural justice unlawful, arbitrary, and to consequently direct the Respondents to dispose of the petitipners representation dated 28-12-2021 and 26-6-2023 by providing necessary information to the petitioner under Right to Information Act. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.2 to dispose representation dated 28-12-2021 and 26-6-2023 by providing information to the petitioner of the above writ petition. of the petitioners necessary i^^^^er Right to Information Act pending disposal Counsel for the Petitioner: SRI A. SURYA TEJA FOR SRI NAMBURI SURYA VENKATA MAHARSHI Counsel for the Respondent Nos.1, 3, 4 & 5 : SRI K. BHAGAT SINGH, ASST.GP FOR REVENUE Counsel for the Respondent No.2 : SRI P. RAVIKANTH The Court made the following order: -I 1 7 APHCO10390692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r [3328] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 20138 OF 2025 Between: 1.P HABIBUR RAHAMAN, S/0 P.ABDUL SALEM AGED ABOUT 39 YEARS OCC SOCIAL WORKER R/O.DOOR NO. 16-18, GPPMADINA COMPLEX DHARMAVARAM - 515671 ANANTHAPURAM DISTRICT, A.P. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL, REVENUE DEPARTMENT, SECRETARIAT, SECRETARY, AMARAVATHI, A.P. 2.A P INFORMATION COMMISSION, (UNDER RIGHT TO INFORMATION ACT 2005) 1ST FLOOR, MGM CAPITAL, NEAR NRI CROSS ROAD, SERVICE ROAD OF NH-16 HOSPITAL CHINNAKAKANI, MANGALAGIRI, GUNTUR DIST-522508 3.THE PUBLIC INFORMATION OFFICER, THE DISTRICT REVENUE OFFICER,(DRO) ANANTHAPURAM DISTRICT-515671 4.THE PUBLIC INFORMATION OFFICER, THE REVENUE DIVISIONAL DHARMAVARAM DIVISION, ANANTHAPURAM OFFICER,(RDO) DISTRICT-515671. 5.tHE TAHSILDAR, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT. 2 r ...RESPONDENT(S): Counsel for the Petitioner: 1.NAMBURI SURYA VENKATA MAHARSHI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.PRAVIKANTH The Court made the following ORAL ORDER: Heard Sri A. Surya Teja, Ld. Counsel appearing on behalf of Sri Namburi Surya Venkata Maharshi, Ld. Counsel for the Writ Petitioner and Sri K. Bhagat Singh, Ld. Asst. Government Pleader for the Revenue and Sri P. Ravikanth, Ld. Counsel for the Respondent No.2. 2. Ld. Counsel for the Respondent No.2 has submitted the Written Instructions furnished by the Superintendent, Andhra Pradesh Information Commission dated 02.09.2025. Ld. Asst. Government Pleader for Revenue has also submitted the Written Instructions furnished by the Revenue Divisional Officer dated 10.09.2025. Copies of it are supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. 3. The Written Instruction furnished by the Andhra Pradesh Information Commission would indicate that the Commission would take necessary steps for effective adjudication and conclusion of the Complaints submitted by the Writ Petitioner dated 28.12.2021 and 26.06.2023. Having taken note of the same, there shall be a direction to the Andhra Pradesh Information Commission (Respondent No.2) to dispose of the Representations/Complaints of the Writ Petitioner dated 28.12.2021 and 26.06.2023 by passing a Speaking Order in accordance with law within a period of eight (08) weeks from today and communicate a copy of such Order to the Writ Petitioner forthwith. 4. > 3 f Needless to state that the Respondent No.2 is statutorily obligated to adhere the Principles of Natural justice by issuing advance Notice to all the interested parties and hear them before passing the Final Order. 5. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 6. 7. Interlocutory Appircations, if any, stand closed in terms of this order. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, Revenue Department, State of Andhra 1. The Principal, Secretary, Pradesh, Secretariat, Amaravathi, A.P. 2. A P Information Commission, (under Right to Information Act 2005) 1ST floor, MGM Capital, Near NRI Hospital Cross Road, Service Road of NH-16 Chinnakakani, Mangalagiri, Guntur Dist-522508 3. The Public Information Officer, The District Revenue Officer,(DRO) < '* ^ • .■ . , Ananthapuram District-515671 4. The Public Information Officer, The Revenue Divisional Officer,(RDO) bharmavaram Division, Ananthapuram District - 515671. 5. The Tahsildar, Dharmavaram Mandal, Ananthapuram District. 6. One CC to Sri Namburi Surya Venkata Maharshi, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. One CC to Sri P. Ravikanth, Advocate [OPUC] 9. Two CD Copies Cnr r HIGH COURT DATED:10/09/2025 ORDER WP NO. 20138 OF 2025 of X 2rStP2025 ms ■J. .•S' . Currenl seclion ALLOWING THE W.P. WITHOUT COSTS