2026:CGHC:6156-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 461 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 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary General Administration Department, Mahanadi Bhawan, Mantralaya New Raipur- 492002, Chhattisgarh 2 - High Court Of Chhattisgarh Through Its Registrar General, National Highway - 130, Bodri, Bilaspur- 495220, Chhattisgarh 3 - Vidhan Sabha Secretariat Through Its Secretary, Chhattisgarh Vidhan Sabha, Zero Point, Baloda Bazar- 492005, Chhattisgarh ...Respondent(s) (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Mohit Gandhi, Advocate For Respondents/State : Shri Vivek Sharma, AG For Respondent-2 : Shri Amrito Das, Advocate --------------------------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Per R amesh Sinha, Chief Justice 04.02.2026 Heard Shri Mohit Gandhi, learned counsel for the petitioner. Also heard Shri Vivek Sharma, learned Advocate General, and Shri Amrito Das, Advocate for the respective respondents. 1. Petitioner has filed the present petition with the following prayers:- V PADMAVATHI Digitally signed by V PADMAVATHI Date: 2026.02.05 19:16:47 +0530 Wpc 461 of 2026 2 “10.1 Declare the impugned appeal rules as unconstitutional and void for violating Article 245 and 265 of the Constitution of India, 10.2 Quash the impugned appeal rules for being illegal, unconstitutional, and ultra vires the parent RTI Act, 10.3 Pass a direction/order in the nature of writ of mandamus restraining the respondents from henceforth levying the fees for filing first appeal under the impugned rules, 10.4 Pass a direction/order in the nature of writ of mandamus directing the respondents to disgorge the illegally collected fees by the virtue of the impugned rules and to remit the same to the CM Disaster Relief Fund or any other general welfare fund, 10.5 Pass any other direction/order deemed fit in the facts and circumstances of this case.” 2. It transpires from the record that petitioner assails the vires and Constitutional validity of the rules framed by the respondents, as these rules levy fees for filing First Appeal under Section 19(1) of the Right to Information Act, 2005 (RTI Act). By the prayer made in the petition, petitioner has challenged i)the Rule 3(1) of the Chhattisgarh Right to Information (Appeal) Rules, 2006, ii)Entry 1 of Rule 14 of the CG High Court Right to Information Rules, 2005, and iii) Rule 3(1) of the CG Vidhan Sabha Secretariat Right to Information (Appeal) Rules, 2017. Wpc 461 of 2026 3 There is no specific prayer made by the petitioner, nor is it stated under which Rule the petitioner is invoking the jurisdiction of this Court under Article 226 of the Constitution of India by way of the present petition. A prayer must be specific. 3. At this stage, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file a duly constituted petition afresh. 4. Accordingly, present petition is dismissed as withdrawn with aforesaid liberty subject to depositing a sum of Rs.5,000/- as cost by the petitioner in the Registry of this Court within a period of one week from today, and the said amount shall be transmitted to the Government Children Home(G), Raipur. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice padma