1 CGHC010265922026 2026:CGHC:32222-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3845 of 2026 Rupesh Kumar Jha S/o Dharmesh Jha Aged About 19 Years Presently At Room No. 3, Block A, Narmada Extension, Jawaharlal Nehru University, New Delhi - 110067 (Also At - Kajhi Hridyanagar, P O - Kajhi P S Banmankhi, Purnea - 854202, Bihar) ... Petitioner(s) versus State Of Chhattisgarh Through Its Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, New Raipur - 492002, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr.Mohit Gandhi, Advocate For Respondent(s) : Mr.P.K.Bhaduri, Deputy Advocate General Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order On Board Per Ramesh Sinha, C.J. 28.07.2026 1. Heard Mr.Mohit Gandhi, learned counsel for the petitioner as well as Mr.P.K.Bhaduri, learned Deputy Advocate General appearing for the respondent/State. BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2026.07.29 10:19:33 +0530 2 2. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1. Issue an appropriate order referring the present writ petition to a bench having quorum larger than a division bench for reconsideration of the judgment passed by a division bench of this Hon'ble Court in Sanjay Singh Thakur v. State of Chhattisgarh & Ors. (2013):CGHC:3634-DB, which does not lay down the correct law, and for an authoritative pronouncement on the correct law by the said larger bench, 10.2. Issue an appropriate order or direction to the Registry for placing the present writ petition before the Hon'ble Chief Justice on the administrative side for necessary orders constituting a larger bench in terms of the foregoing prayer, 10.3. Declare that the Rule 3(1) of the Chhattisgarh Right to Information (Appeal) Rules, 2006, to the extent it levies a fee for filing an appeal under section 19(1) of the Right to Information Act, 2005, is ultra vires Article 265 of the Constitution of India and void ab initio, 10.4. Declare that the Rule 3(1) of the Chhattisgarh Right to Information (Appeal) Rules, 2006, to the extent it levies a fee for filing an appeal under section 19(1) of the Right to Information Act, 2005, is ultra vires the Right to Information Act, 2005, and void ab initio, 10.5. Quash the Rule 3(1) of the Chhattisgarh Right to Information (Appeal) Rules, 2006, to the extent it levies a fee for filing appeal under section 19(1) of the Right to Information Act, 2005, for being ultra vires Article 265 of the Constitution and the Right to Information Act, 2005, 3 10.6. Consequent to the foregoing prayer, issue an order or a direction in the nature of writ of mandamus directing the Respondent to henceforth cease from collecting the fee levied by the virtue of Rule 3(1) of the Chhattisgarh Right to Information (Appeal) Rules, 2006, 10.7. Pass any other order or direction deemed fit in the circumstances of the case.” 3. Learned Deputy Advocate General, appearing for the respondent/State, raised a preliminary objection with regard to Prayer No. 10.1 of the writ petition. In response, learned counsel for the petitioner sought permission of this Court to withdraw the present petition with liberty to file a fresh petition incorporating the appropriate prayers. 4. Accordingly, the present writ petition is dismissed as withdrawn with the aforesaid liberty, as prayed for. No cost(s). Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu