The petition seeking mandamus under the RTI Act was dismissed as misconceived because the petitioner did not challenge the earlier order on the representation.
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Court No. - 32
Case :- WRIT - C No. - 23778 of 2018
Petitioner :- Vivek Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umesh Kumar Dubey Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha
Hon'ble Shashi Kant Gupta,J. Hon'ble Rajiv Gupta,J.
Heard Sri Umesh Kumar Dubey, learned counsel for the petitioner and Sri S.K.S. Kushwaha holding brief of Sri K.S. Kushwaha, learned counsel appearing for respondent nos. 2, 3 and 4.
On 14.12.2017 in Writ Petition No. 59759 of 2017, following order was passed by this Court:-
" Considering the facts and circumstances of the case that have been brought on record, we dispose of the matter directing the respondent No. 4 to decide the application of the petitioner within four weeks. "
In pursuance of the aforesaid order passed by this Court, the respondent no. 4 decided the representation of the petitioner but not given complete information to the petitioner.
Aggrieved by this, the petitioner has filed present writ petition seeking mandamus commanding the respondent nos. 3 and 4 to decide application dated 10.4.2018, 30.4.2018 and appeal dated 10.5.2018 filed by the petitioner under the Right to Information Act, 2005 within a stipulated period.
Since the petitioner has not challenged the order passed
on the representation, the relief sought for cannot be granted to the petitioner.
The petition is misconceived and is accordingly dismissed.
Order Date :- 23.7.2018
KU
Vivek Kumar
State Of U.P.
Shashi Kant Gupta
Rajiv Gupta
As recorded by the court registry
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