The Supreme Court disposed of a writ petition challenging rejection of an RTI application seeking loan details of a third party. The court held the impugned orders against illegality but granted liberty to seek relief in the pending second appeal.
Liberty granted to the petitioner to take appropriate relief in the pending second appeal.
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Court No. - 2
Case :- WRIT - C No. - 9450 of 2018
Petitioner :- Virendra Nath Pandey Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Virendra Nath Pandey,R.K. Shahi Counsel for Respondent :- A.S.G.I.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri R.K. Shahi for the petitioner.
The writ petition has been filed against the order passed by Central Information Commission dated 6.1.2018 and Central Public Information Officer dated 26.5.2016 by which application of the petitioner for supply of information relating to loan taken by Prabha Shankar Pandey, respondent-5 has been rejected on the ground that information in respect of third party cannot be supplied.
The impugned orders do not suffer from any illegality.
So far as the argument of the counsel for the petitioner that property on which the loan has been obtained by Prabha Shankar Pandey, respondent-5 is a disputed property and the petitioner has filed a Second Appeal before this Court in which interim order dated 17.10.2016 directing the parties to maintain status quo has been passed, is concerned, it may be mentioned that from the own allegation of the petitioner that loan was sanctioned on 3.6.2016 while interim order was granted on 17.10.2016. Thus the interim order does not affect the mortgage of property by UP Baroda Gramin Bank, on 3.6.2016.
However, writ petition is disposed of giving liberty to the petitioner to take appropriate relief in the second appeal itself.
Order Date :- 14.3.2018 Rahul /-
2 issues framed by the court
Whether information relating to a third party's loan can be supplied to the petitioner.
Whether the status quo interim order in a pending civil matter affects the RTI application.
1 provisions across 1 enactments
Virendra Nath Pandey
Union Of India
Ram Surat Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
