KOTRESH H K.A.S. v. KARNATAKA INFORMATION COMMISSION
WP/20341/2017 · 2026-06-29
M G S Kamal
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 26044 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26044 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32129 WP No. 20341 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.20341 OF 2017 (GM-RES)
BETWEEN:
KOTRESH H., K.A.S.
S/O. HALAPPA B.
AGED 37 YEARS R/AT # 1214/17/52 4TH MAIN, E BLOCK, 2ND STAGE RAJAJI NAGAR BENGALURU-560 010 …PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE)
AND:
1.
KARNATAKA INFORMATION COMMISSION 2ND FLOOR, M.S. BUILDING BENGALURU-560 001 REP. BY ITS SECRETARY
2. PILLAMMA AGED MAJOR D/O. MUNISHAMAPPA PAPANAHALLI VILLAGE CHENNARAYAPATTANA HOBLI DEVANAHALLI TALUK BENGLAURU RURAL DISTRICT-562 110
3.
MANAGING DIRECTOR KARNATAKA RENEWABLE ENERGY DEVELOPMENT LTD.,
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32129 WP No. 20341 of 2017
(A GOVERNMENT OF KARNATAKA ENTERPRISES) #39, "SHANTHI GRUHA" BHARATH SCOUTS AND GUIDES BUILDING PALACE ROAD BENGALURU-560 001 …RESPONDENTS (BY SRI RAJASHEKAR K., ADVOCATE FOR R-1;
R-2 IS SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SUMMONS DATED 21.07.2016 IN KIC/5160/APL/2015 C/W KIC/5195/APL/2015, KIC/5196/APL/2015, KIC/5197/APL/2015 AND KIC/5198/APL/2015 ISSUED BY THE FIRST RESPONDENT, PRODUCED AS ANNEXURE-H, H1, H2, H3 & H4 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioner was working as a Tahsildar between the period 15.05.2014 and 15.05.2015 at Hosakote Taluk, Bengaluru, at that time, private respondent No.2 had made an application on 03.11.2014 seeking certain information under the provisions of Right Information Act, 2005. Petitioner had furnished the information. However, the respondent No.2 not being satisfied with the information, preferred an appeal before the First
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HC-KAR NC: 2026:KHC:32129 WP No. 20341 of 2017
Appellate Authority. Thereafter, filed second appeal before the respondent No.1-Information Commission. That respondent No.1-Information Commission had issued a notice to the petitioner, by which time petitioner was transferred from his post as a Tahsildar of Hoskote Taluk and was rendering his services at Sulia and thereafter at Bangalore. As such the notice issued to the Office of Tahsildar, Hoskote Taluk, had not reached to him. Therefore, he was not given sufficient opportunity before the impugned order being passed. Hence, the petition.
2.
Learned counsel for the petitioner furnishes two orders of the Co-ordinate Bench of this Court passed in WP No.56098/2016 dated 10.03.2022 and the order dated 13.10.2025 passed in WP No.56099/2016 in respect of identical issues raised by the very same petitioner, of he not having been given sufficient opportunity of representing his case before the respondent No.1- Information Commission for want of service of notice. Co-ordinate Benches of this Court have shown indulgence by remanding the matters to the respondent No.1- Information Commission to provide him an opportunity.
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HC-KAR NC: 2026:KHC:32129 WP No. 20341 of 2017
Hence she submits that similar opportunity be granted to the petitioner in the present case as well.
3. Counsel for the respondent No.1-Information Commission does not dispute the same.
4. Since the only ground urged in the petition of petitioner not having been given opportunity of being heard and under identical circumstances, the Co-ordinate Benches of this Court having granted indulgence, petition is allowed, impugned orders vide Annexures- H, H1, H2, H3, H4, K, L and M are set aside. Matter is remitted to the respondent No.1- Karnataka Information Commission. The petitioner shall appear before the respondent No.1- Karnataka Information Commission on 20.07.2026, without any further notice. The respondent No.1- Information Commission shall, after affording opportunity to the petitioner, of being heard, pass appropriate orders in accordance with law.
SD/- (M.G.S. KAMAL) JUDGE
RU, List No.: 1 Sl No.: 2