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2026 DAILYLAW 20712 (CHH)

FAIZ MOHAMMED v. CHHATTISGARH STATE INFORMATION COMMISSION

WPC/2431/2026 · 2026-05-13

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:22768 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2431 of 2026 1 - Faiz Mohammed S/o- Mohammed Amin, Aged About 61 Years R/o- Near Gokul Kirana Stores, Subhas Nagar, Kasaridih, Durg, District- Durg (C.G.) ... Petitioner(s) versus 1 - Chhattisgarh State Information Commission Through Its Chhattisgarh State Information Commissioner, North Block, Sector 19, Nava Raipur, Atal Nagar, Raipur (C.G.). Pin-492002. 2 - Second Appellate Authority , Chhattisgarh State Information Commission Through Its Chhattisgarh State Information Commissioner, North Block, Sector 19, Nava Raipur, Atal Nagar, Raipur (C.G.) 3 - First Appellate Authority, C.G. Rajya Sahakari Vipnan Sangh Maryadit, Sector-21, C Block, C. B. D. Complex, 6th Floor, Atal Nagar, Nava Raipur (C.G.). 4 - Public Information Office, Through Managing Director, C. G. Rajya Sahakari Vipnan Sangh Maryadit, Sector-21, C Block, C.B. D. Complex, 6th Floor, Atal Nagar, Nava Raipur (C.G.). ... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. Jitendra Gupta, Advocate For Resp. No. 1 and 2 : Mr. Shayam Sunder Lal Tekchandani, Advocate For Resp. No. 3 and 4 : Mr. N. Naha Roy, Advocate Digitally signed by SHAYNA KADRI 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/05/2026 1. The petitioner has filed this writ petition seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call for the records of the case from the concerned respondents. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to decide the second appeal no. A/3704/2025 pending before the Chhattisgarh State Information Commission filed by the petitioner in a suitable time frame. 10.3 Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the facts and circumstances of the present case, in the interest of justice.” 2. Facts of the case, as projected in the writ petition, are that the petitioner filed an application under Section 6(1) of the Right to Information Act, 2005 on 10.07.2025 before the Public Information Officer, C.G. Rajya Sahakari Vipnan Sangh, seeking certain information and deposited the requisite fee in accordance with the 3 Rules. The said application was sent through speed post. However, the application was not decided within the statutory period of 30 days as prescribed under the RTI Act. Thereafter, the petitioner preferred a first appeal on 19.08.2025 before the First Appellate Authority/respondent No. 3 seeking the requested information along with compensation for delay. The said appeal was also filed through speed post along with the prescribed fee. According to the petitioner, the first appeal also remained pending and neither any information was supplied nor any hearing was conducted within the stipulated period. Subsequently, the petitioner filed a second appeal before the State Information Commission on 25.09.2025 along with the necessary fee. The grievance of the petitioner is that despite lapse of considerable time, the said second appeal has neither been listed for hearing nor adjudicated. The petitioner thereafter submitted representations dated 25.12.2025 and 12.01.2026 before the Chief Information Commissioner requesting urgent hearing of the appeal. In response thereto, respondent No. 1 vide communication dated 13.04.2026 informed the petitioner that the appeal had been registered and was pending for grant of a hearing date before the Reader’s Section. The petitioner has, therefore, approached this Court seeking expeditious disposal of the pending appeal. 4 3. Learned counsel for the petitioner submits that despite filing the RTI application and subsequent statutory appeals within time, the respondents have failed to discharge their statutory obligations under the Right to Information Act, 2005 and the Chhattisgarh Right to Information (Appeal) Rules, 2006. It is contended that the RTI application dated 10.07.2025 was not decided within the period prescribed under Section 7(1) of the RTI Act and even the first appeal filed on 19.08.2025 remained undecided in violation of Rule 3(4) of the Rules of 2006. Learned counsel further submits that though the second appeal filed before the State Information Commission on 25.09.2025 has been registered, no effective proceedings have taken place till date and the appeal is pending only for assignment of a hearing date. It is argued that such inordinate delay defeats the very object of the RTI Act and amounts to denial of the petitioner’s right to information as well as right to speedy justice guaranteed under Articles 14 and 21 of the Constitution of India. It is, therefore, prayed that the respondents be directed to decide the pending second appeal within a stipulated time. 4. Learned counsel for the respective respondents jointly submit that the second appeal preferred by the petitioner has already been registered before the State Information Commission and the same is pending consideration. It is further submitted that the appeal shall be considered and decided in accordance with law. 5 5. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the petitioner’s second appeal filed before the State Information Commission on 25.09.2025 is admittedly pending consideration. The records further reflect that the appeal has already been registered and is awaiting assignment of a hearing date. 6. Considering the facts and circumstances of the case, particularly the fact that the statutory appeal preferred by the petitioner is pending before the competent authority for a considerable period without adjudication, this Court deems it appropriate to dispose of the present petition with a direction to the concerned authority/State Information Commission to consider and decide the appeal filed by the petitioner strictly in accordance with law, after affording due opportunity of hearing to all concerned parties, within a period of two months from the date of receipt of a copy of this order. 7. With the aforesaid direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge