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Neutral Citation No. - 2025:AHC:89048-DB Court No. - 29 Case :- WRIT - C No. - 989 of 2017 Petitioner :- Km. Deepti Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Mohan Tripathi,Sunil Kumar Counsel for Respondent :- C.S.C.,Kunal Ravi Singh,S. C. Dwivedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J.
1. This petition arises out of an order passed by the State Information Commissioner imposing cost of Rs.25,000/- upon the petitioner for failing to provide requisite information under the Right to Information Act, 2005. The writ petition has been filed stating that the required information was already given and since reasonable opportunity was not extended to the petitioner, as such relevant
facts with regard to tendering of necessary information could not be placed before the Commissioner.
2. A supplementary affidavit has been filed clearly stating that requisite information has been furnished and its copy is already endorsed to the State Information Commissioner.
3. Information in the present case was sought by the fourth respondent. Notices were issued to him. As per the office report service of notice upon the fourth respondent is complete. Despite the matter having reamin pending for several years neither the fourth respondent has appeared nor has filed any counter affidavit. In such view of the matter, we are inclined to proceed in the matter by treating the assertions made in the writ to be correct by applying the doctrine of non-traverse. In that view of the matter, since information has been furnished to the fourth respondent, we do not find any occasion for the impugned order to continue. Consequently, orders impugned dated 23.2.2015 and 4.11.2016 imposing a cost of Rs.25,000/- upon the petitioner are set aside.
4. Learned counsel for the petitioner states that during Covid period the amount was coercively realized from the petitioner. If that be so, it shall be open for the petitioner to approach the authorities of the State for refund of the amount, which shall be processed, expeditiously.
5. Writ petition stands disposed of, accordingly.
Order Date :- 26.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad