- 1 - NC: 2025:KHC:15097 WP No. 23219 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 23219 OF 2023 (KLR-RES) BETWEEN: 1. MR. FRANCIS D SOUZA S/O LOUIS D SOUZA AGED ABOUT 61 YEARS RESIDING AT NO.5-119 NITHYADAR NIVAS, BADAGA YEKKUR MARLABETTU, NEERUDE D.K., KARNATAKA - 574 144. …PETITIONER (BY SRI. RAKESH KINI, ADVOCATE) AND: 1. STATE OF KARNATAKA PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, DR B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. DEPUTY COMMISSIONER DAKSHINA KANNADA DISRTICT MANGALURU - 575 101. 3. TAHSHILDAR MANGALORE TALUK MANGALURU, D.K. - 575 101. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15097 WP No. 23219 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PROVIDE THE PETITIONER HIS ENTIRE FILE AS SOUGHT BY THE PETITIONER IN HIS APPLICATION PRODUCED AT ANNEXURE-J DATED 17.06.2023 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is to direct the respondents to provide the petitioner the entire file as sought for by him in the application filed under the Right to Information Act, 2005 (for short, 'the RTI Act') vide Annexure 'J'. 2. Once an application under the RTI Act is filed, it would become incumbent on the part of the Public Authority to furnish the documents that are sought for. The Public Authority cannot contend that the records were searched for and were unavailable in their office. - 3 - NC: 2025:KHC:15097 WP No. 23219 of 2023 3. In the result, the endorsement dated 23.08.2023 as at Annexure 'A', which states that the records are not available, cannot be accepted and the same is quashed. 4. Respondent No.3/Tahasildar is directed to consider the request of the petitioner and ensure that the entire records sought for by the petitioner in his application at Annexure 'J', in respect of Sy.No.103- 1B of Badagayekkaru Village of Mangaluru Taluk is furnished to him within a period of two months from the date of receipt of a copy of this order. 5. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 113