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2026 DAILYLAW 31332 (CHH)

DANKESHWAR PRASAD SAHU (D.P. SAHU) PETITIONER IN PERSON v. STATE OF CHHATTISGARH

WPC/4285/2023 · 2026-08-05

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010324402023 2026:CGHC:34629 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4285 of 2023 Dankeshwar Prasad Sahu (D.P. Sahu) S/o Late Shri D.R. Sahu Aged About 54 Years R/o Yadunandan Nagar, Tifra, District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - Second Appellate Authority / Chief Information Commissioner Office Sector- 19, North Block, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 3 - First Appellate Authority / Chief Executive Officer Janpad Panchayat Pali, District : Korba, Chhattisgarh 4 - Secretary / Public Information Officer Gram Panchayat Korbi, Tahsil Hardi Bazar, District : Korba, Chhattisgarh ---- Respondents For Petitioner : Mr. Manendra Kumar Sharma, Advocate appears on behalf of Mr. Basant Kaiwartya, Advocate For State-Respondent : Mr. Shreyansh Mehta, PL Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 06/08/2026 2 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following relief(s) :- “(i) That, this Hon'ble Court may kindly be pleased to call for records pertaining to the case from the office of respondent No.2, for kind perusal of the Hon'ble High Court. (ii) That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus directing the respondent No.4 (Public Information Officer) to provide the information as sought by the petitioner in his application (Annexure P-2) free of charge. (iii) That, this Hon'ble Court may kindly be pleased to direct the erring officials to deposit the penalty amount in the petitioner's account and further be pleased issue appropriate directions for initiation of disciplinary proceedings against them. (iv) To direct respondents to pay to petitioner cost of this litigation. (v) To grant any other relief deemed fit and proper by the Hon'ble High Court in the interest of justice.” 2. By way of this petition, the petitioner is not challenging any particular order, but seeking direction to direct the respondent state authorities particularly the respondent No.4 to follow the order dated 13-02-2023 (Annexure P-1) passed by the respondent No.2 and also direct to provide the documents demanded by the petitioner from the office of respondent No.4. 3 3. Learned counsel for the petitioner would submit that, the petitioner submitted an RTI application dated 20.01.2021 seeking information regarding the work of Gram Panchayat Korbi (Dhatura), Tahsil Hardi Bazar, District Korba (C.G.). As the information was not supplied, he preferred first and second appeals under Section 19 of the RTI Act, 2005. The State Information Commission, vide order dated 13.02.2023, found respondent No.4 guilty of violating Section 7(1) of the Act and directed respondent No.3 to ensure supply of the information within 30 days. Despite the said direction, the information was not provided even after more than seven months, leading the petitioner to file the present petition. 4. Learned State counsel submits that there is no deliberate or wilful non- compliance of the order dated 13.02.2023 and that any delay in furnishing the information was neither intentional nor with an ulterior motive. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having heard learned counsel for the parties and upon perusal of the records, this Court finds that the Second Appellate Authority, vide order dated 13.02.2023 (Annexure P-1), had already directed the Public Information Officer to furnish the information/documents sought by the petitioner and had also imposed a penalty of ₹25,000/-. Therefore, the grievance of the petitioner is substantially covered by the said order. 4 However, as the information has allegedly not yet been furnished, the concerned Secretary, Gram Panchayat Korbi (Dhatura), Janpad Panchayat Pali, District Korba, namely Girishchandra Lal, is directed to furnish the information sought by the petitioner strictly in accordance with the directions contained in the order dated 13.02.2023 passed by the Second Appellate Authority, within a period of 30 days from the date of receipt of a copy of this order. 7. It is made clear that if the information is not furnished within the aforesaid period, the petitioner shall be at liberty to avail appropriate remedy before this Court in accordance with law. 8. With the aforesaid direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vasant