1 CGHC010367972026 2026:CGHC:41557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4863 of 2026 Bharatlal Kurre S/o Shiv Prasad Kurre Aged About 49 Years Resident Of Village- Chhote Sipat, Post- Charpara, Tahsil- Malkharouda, District- Sakti, Chhattisgarh ... Petitioner(s) versus 1 - State Chief Information Commissioner Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh 2 - First Appellate Public Information Authority And Chief Executive Officer Janpad Panchayat Malkharouda, District- Sakti, Chhattisgarh 3 - Public Information Officer Sachiv Gram-Panchayat-Charpara, Tahsil- Malkharouda, District- Sakti, Chhattisgarh ... Respondents (Cause title is downloaded from CIS Periphery) For Petitioner : Mr. Love Kumar Ramteke, Advocate For Chhattisgarh State Information Commission : Mr. Shyam Sundar Lal Tekchandani, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board Digitally signed by AMIT PATEL 2 24.09.2026 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 That, this Hon’ble Court may direct respondent No. 1, the State Information Commission should be directed to examine the affidavit submitted by respondent No. 3 and subsequently pass a final order 10.2 That the Hon’ble Court may kindly be pleased to direct the respondent No. 1 to decide and pass the final order of the second appeal within 30 days. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief or pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case in the interest of justice.” 2. The petitioner filed an application on 15.01.2024 seeking information under the Right to Information Act, 2005. Thereafter, respondent No. 3 issued a letter stating that the petitioner had sought information pertaining to the proceedings of Gram Panchayat, Charpara, for the financial year 1996-97, which was more than 20 years old and was not available with him. The petitioner was accordingly directed to approach the former 3 Secretary of Gram Panchayat, Charpara, for the said information. Being aggrieved by the aforesaid letter, the petitioner preferred a First Appeal before respondent No. 2. on 12.03.2024, respondent No. 2/the First Appellate Authority, passed an order on 28.03.2024, observing that the Public Information Officer had failed to provide the information sought by the petitioner within the prescribed period of 30 days and accordingly, directed the Public Information Officer to provide the information to the petitioner within 15 days, free of cost. Being aggrieved by the order dated 28.03.2024, the petitioner preferred a Second Appeal before respondent No. 1/Second Appellate Authority and Second Appellate Authority disposed of the appeal vide its order dated 23.12.2025 in Appeal No. A/6377/2024, observing that the information sought by the petitioner was more than 20 years old and was not available with Gram Panchayat, Charpara, District Sakti, Chhattisgarh. The Public Information Officer was accordingly directed to file an affidavit stating that the said information was not available in the office of Gram Panchayat, Charpara. 3. Learned counsel for the petitioner submits that the petitioner filed an application on 15.01.2024 under the Right to Information Act, 2005, seeking certain information from respondent No. 3, Public Information Officer, Sachiv, Gram Panchayat, Charpara, Tehsil Malkharouda, District Sakti, Chhattisgarh. Respondent No. 3, vide letter dated 11.02.2024, informed the petitioner that the requisite 4 information was not available with the office. Thereafter, the petitioner preferred a First Appeal before respondent No. 2 on 12.03.2024 under the Right to Information Act, 2005, wherein the First Appellate Authority passed an order dated 28.03.2024. He further submits that the State Information Commission has not examined whether, before destruction of the official records, the concerned department had been duly notified, a panchnama had been prepared and a police report had been lodged. 4. Learned State Counsel submits that, since the information sought by the petitioner was not available with the concerned respondents, his application, First Appeal and Second Appeal were accordingly disposed of. 5. Heard learned counsel for the parties and perused the record with utmost circumspection. 6. Considering the facts and circumstances of the case, particularly the fact that the information sought by the petitioner pertains to a period of more than 20 years ago and is stated to be not available in the office of Gram Panchayat, Charpara, District Sakti, Chhattisgarh, the ends of justice would be met if the petitioner is permitted to submit a fresh application before the concerned authority seeking the requisite information. In the event such an application is filed, the concerned respondent shall consider the same in accordance with law and, if the information is available, provide the same to the petitioner within a reasonable period. In case the information sought is not available, the concerned 5 authority shall pass an appropriate speaking order recording the reasons for non-availability of the documents, after due verification and upon obtaining the necessary explanation from the concerned authority as to the circumstances in which the said documents are not available. 7. With the aforesaid observations and directions, the present petition stands disposed of. SD/- (Amitendra Kishore Prasad) JUDGE AMIT PATEL