1 990 WP 11939-2021.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11939 OF 2021 1. Sabir Noor Ahmed Patel … PETITIONER VERSUS 1. State Information Commissioner 2. First Appellate Authority cum Assistant Registrar 3. Public Information Officer … RESPONDENTS … Mr. Vikrant P. Raje – Advocate for Petitioner Mr. A.D. Wange – AGP for Respondents, State … CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 17.01.2026 ORAL JUDGMENT : 1. Heard. Rule. Rule made returnable forthwith. By consent of the parties, heard finally at the state of admission. 2. Heard learned Counsel for petitioner and learned A.G.P. for the respondents, State authorities. 3. By way of the present petition, the petitioner challenges the order dated 05.09.2018 passed by the State Information Commissioner, Nashik Region, Nashik in Second Appeal No.5060 of 2016, whereby the appeal filed by the petitioner came to be dismissed. 4. Learned Counsel for the petitioner submits that the appeal was decided without issuing notice to the petitioner and without affording an opportunity of hearing. It is contended that the State Information 2026:BHC-AUG:2054-DB 2 990 WP 11939-2021.odt Commission proceeded in the matter in absence of the petitioner and thereby violated the principles of natural justice. 5. Per contra, learned A.G.P. submits that mere absence of noting in the roznama regarding presence or absence of the petitioner cannot be a ground to interfere with the order under challenge. 6. Upon perusal of the record, it appears that the impugned order itself records that none appeared on behalf of the petitioner/appellant. The roznama placed on record does not indicate that notice of hearing was duly served upon the petitioner. There is no endorsement showing service of notice or that the petitioner remained absent despite service. The record, therefore, clearly reveals that the appeal was decided without affording an opportunity of hearing to the petitioner, which amounts to non-observance of the principles of natural justice. Therefore, this Court is inclined to allow the present petition partly by setting aside the order passed by the State Information Commissioner, thereby remanding the matter for fresh consideration. Hence, I proceed to pass following order : ORDER (i) The Writ Petition is partly allowed. (ii) The order dated 05.09.2018 passed by the State Information Commissioner, Nashik Region, Nashik, in Second Appeal No.5060 of 2016 is quashed and set aside. 3 990 WP 11939-2021.odt (iii) The Second Appeal No.5060 of 2016 stands restored to the file of the State Information Commissioner. (iv) The petitioner shall appear before the State Information Commissioner, Nashik Region, Nashik, on 27.01.2026. (v) The State Information Commissioner shall decide the appeal afresh, after granting an opportunity of hearing to the petitioner, within a period of six (6) months from the date of appearance. [ SIDDHESHWAR S. THOMBRE, J. ] Pooja Kale/