Allowed

Lotan Kashiram Raut v. the Commissioner Sate Information Commission and Others

Bombay HC27 Sept 2021WP/2981/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the non-decision of his appeal filed under the Right to Information Act, 2005 by the State Information Commission. The High Court directed the Commissioner to decide the pending appeal by 30.11.2021 and to consider costs for any delay.

What did the court decide?

To decide the pending appeal filed by the petitioner on or before 30.11.2021 and to order payment of costs if applicable.

Lotan Kashiram Raut Vs the Commissioner Sate Information… — RTI and Transparency | Bombay HC (2021)

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 12-WP.2981-20.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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12 WRIT PETITION NO.2981 OF 2020

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LOTAN KASHIRAM RAUT

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VERSUS

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THE COMMISSIONER STATE INFORMATION COMMISSION
AND OTHERS

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Advocate for Petitioner : Mr. Patil Yogesh M.
AGP for Respondent/s-State : Mr. S. B. Pulkundwar.

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CORAM : RAVINDRA V. GHUGE, AND
 S. G. MEHARE, JJ.

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 DATE : 27.09.2021

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PER COURT:-

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1. The petitioner has put forth prayer clause 11-B as under :

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"11. B)To direct the Respondent No.1 commissioner, Nashik to decide Appeal (Exhibit "C") filed by the petitioner within stipulated period, by issuing writ of mandamus or any other appropriate writ or direction as the case may be."

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2. The appeal preferred by the petitioner before the Commissioner, State Information Commission, Nashik Division

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under Section 19(3) of the Right to Information Act, 2005,
dated 26.07.2019 has still not been decided. A reminder dated

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 12-WP.2981-20.odt

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04.09.2019 was also submitted by registered post.

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3. The Right to Information Act provides for a penalty of

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Rs.250/- per day if the appeal is not decided by the competent
authority within a particular time frame.

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4.In view of the above, this petition is disposed off with a
direction to respondent No.1 to decide the pending appeal, as
expeditiously as possible and preferably, on or before
30.11.2021. The petitioner and the contesting respondents
shall appear before respondent No.1 on 06.10.2021, at 12.00
noon. Formal notice need not be issued.

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5.We make it clear that the State Information
Commissioner, while deciding the pending appeal, if not
already decided, would take into account the provision with
regard to imposition of costs for a delayed decision and in the
event the petitioner is entitled to, to such costs, he shall order
payment of such costs.

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(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)

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vmk/-

Lotan Kashiram Raut v. the Commissioner Sate Information Commission and Others

Case brief

What is this about?

What did the court decide?

Lotan Kashiram Raut v. the Commissioner Sate Information Commission and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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