P RAMA KRISHNA GOWD v. THE ANDHRA PRADESH STATE INFORMATION COMMISSION
WP/13813/2024 · 2025-02-19
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50145 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50145 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
i.:
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) •f THURSDAY ,THE TWENTIETH DAY OF F| TWO THOUSAND AND TWENTY fI 3 O PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13813 OF 2024 Between: P Rama Krishna Gowd, Son of Late Ramaiah, Resident of LIGH 105 APGB Colony, Kadapa Town, YSR Kadapa District, AP. ...Petitioner AND
1. The Andhra Pradesh State Information Commission, Rep by its state information commissioner, 1®* floor MGM capital abutting, NH16 service road, Chinna kakani, Guntur District 522 508.
2. The Commissioner, Ayush Department, Gollapudi, Vijayawada.
3. The Public information officer, O/o. Ayush Commissioner, Ayush Department, Gollapudi, Vijayawada.
4. The Superintendent Govt. Homeopathy Hospital, Old RIMS, Kadapa Town, YSR Kadapa District. AP 516001. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent no. 1 in not disposing of the petitioners second appeal dated 25.05.2024 filed under section 19(3) of RTI Act 2005, which I have filed by way of Regd. Post against the non-furnishing the details in the First Appeal before 2"^^ respondent dated 19.04.2024, which is highly illegal, arbitrary and unconstitutional violative of principles of Natural Justice and consequently direct the respondents to dispose my second appeal dated 25.05.2024 filed u/s. 19(3) of RTI Act pending before the 1®* respondent.
lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to dispose of the petitioners my second appeal dated 25.05.2024 filed u/s. 19(3) of RTI Act pending before the 1®^ respondent, pending disposal of the above writ petition. Counsel for the Petitioner: SRI PATHI SIVA PRASAD Counsel for the Respondent No.1: GP FOR SERVICES -1 Counsel for the Respondent Nos,2 to 4: GP FOR SERVICES - IV The Court made the following:
THE HON>BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITON No. 13813 OF 2024
ORDER; This Writ Petition is filed under Article 226 of the Constitution of seeking the following relief; India 1o issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent no 1 in not disposing of my second appeal dated 25.05.2024 filed under section 193 of RTI Act 2005 which I have filed by way of Regd Post against the non-furnishing the details in the First Appeal before 2nd respondent dated 19 04 2024 which is highly illegal arbitrary and unconstitutional violative of principles of Natural Justice and consequently direct the respondents to dispose my second appeal dated 25.05.2024 filed u/s 193 of RTI Act pending before the 1st respondent and to pass order or orders...”
2. Heard the
learned counsel for the petitioner and the learned Government Pleader for the respondents.
3. The learned counsel for the petitioner submits that the petitioner made an application under section 19(1) of the Right to Information Act 2005 to the 3rd respondent on 13.03.2024, requesting for details of any appeal or other proceedings initiated against the memo dated 18.03.2021. However, the 3rd respondent failed to furnish any information or particulars regarding the pending proceedings. Aggrieved by this, the petitioner preferred a first appeal under Section 19(1) of the Right to Information Act, 2005 on 19.04.2024. Even after the lapse of the prescribed time, there is no response to the first appeal
pending before the 2nd respondent. Consequently, the petitioner challenged the inaction of the 2nd respondent by preferring a second appeal before the 1st respondent on 25.04.2024. Despite receipt of the same, the respondent authorities neither issued other proceedings nor disposed of the appeals preferred by the petitioner. The learned Government Pleader appearing for the respondents
4. nd submits that the respondents’ authorities will consider and dispose of the 2 appeal preferred by the petitioner dated 25.04.2024 under section 19(1) of the Right to Information Act, 2005 within a reasonable time in accordance with law.
5. Having regard to the submissions made by both the learned counsel and on perusal of the material available on record, this court is of the considered view that, the present writ petition can be disposed of by directing the respondents authorities to consider and dispose of the 2'^'’ appeal preferred by the petitioner under section 19(1) of the Right to Information Act, 2005 dated 25.04.2024 and pass appropriate orders in accordance with law within a period of three (03) months from the date of receipt of the copy of this
order.
7. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
Sd/- B CHITTl JOSEPH ASSISTANT REGISTRAR / //TRUE COPY// 0 SECTION OFFICER To Andhra Pradesh State floor MGM capital abutting, NH16 service
1. The State Information Commissioner Information Commission, 1 road, Chinnakakani, Guntur District 522 508.
2. The Commissioner, Ayush Department, Gollapudi, Vijayawada.
3. The Public Information Officer, O/o. Ayush Commissioner, Ayush Department, Gollapudi, Vijayawada.
4. The Superintendent Govt. Homeopathy Hospital, Old RIMS, kadapa Town, YSR Kadapa District. AP 516001.
5. One CC to SRI. PATHI SIVA PRASAD, Advocate [OPUC] SERVICES - I, High Court Of Andhra Pradesh.
6. Two CCs to GP FOR [OUT]
7. Two CCs to GP [OUT]
8. -Three CD Copies Sree (gsg) FOR SERVICES -IV, High Court Of Andhra Pradesh.
HIGH COURT DATED:20/02/2025
ORDER WP.No.13813 of 2024 DISPOSING OF THE W.P.
WITHOUT COSTS