Chandrakant C. Shah vs Central Information Commission — Bombay HC (2025) — LawSathi Research

Chandrakant C. Shah vs Central Information Commission — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the Petition and to file an appropriate proceeding before the appropriate forum as may be maintainable in law; all contentions of the parties kept open on merits.

Issue for consideration

Whether this Court has territorial jurisdiction to entertain the Petition challenging orders passed by the First Appellate Authority (General Manager, State Bank of India, Ahmedabad) and by the Second Appellate Authority (Central Information Commissioner, New Delhi).

Court's answer

The Petition is disposed of as withdrawn, with liberty to the Petitioner to file an appropriate proceeding before the appropriate forum as may be maintainable in law (the Gujarat High Court or Delhi High Court having been suggested by counsel for Respondent Nos.2 and 3).

Ratio / Principle

The Court expressly made it clear that it has not gone into the merits of the Petition and keeps all contentions of all the parties on merits open.

Detailed headnote1 paragraphs

Bombay High Court (Revati Mohite Dere & Dr. Neela Gokhale, JJ.), Writ Petition No. 11902 of 2024, order dated 10 June 2025 - Chandrakant C. Shah (in person) v. Central Information Commissioner, Central Information Commission & Ors.: The Petitioner sought quashing of (i) the order dated 14-09-2023 of Respondent No.1, the Central Information Commissioner, New Delhi (second appellate authority) and (ii) the order dated 03-01-2023 of Respondent No.3, the First Appellate Authority & General Manager (NW-II), State Bank of India, Ahmedabad. On a preliminary objection by learned counsel for Respondent Nos.2 and 3 that the Petition was not maintainable before the Bombay High Court since the impugned orders were passed at Ahmedabad and New Delhi (Gujarat High Court or Delhi High Court being the appropriate forums), the Petitioner sought leave to withdraw. The Court disposed of the Petition as withdrawn with liberty to approach the appropriate forum, expressly recording that it had not gone into the merits and keeping all contentions of all parties on merits open. No statute or precedent was cited; no quantum involved.

22-aswp-11902-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 11902 OF 2024

Chandrakant C. Shah …..Petitioner Vs.

Central Information Commissioner, Central Information Commission & Ors. …..Respondents

Mr. Chandrakant C. Shah Petitioner present in-person. Mr. R.S.Pawar, AGP for Respondents-State. Mr. Manu T. Ramachandran, for Respondent Nos.2 and 3.

CORAM : REVATI MOHITE DERE &

DR. NEELA GOKHALE, JJ. DATE : 10^th JUNE 2025.

P.C.:-

By this Petition, the Petitioner seeks quashing and setting aside of the impugned order dated 14^th September 2023 passed by the Respondent No.1-Central Information Commissioner, New Delhi. The Petitioner also seeks quashing and setting aside of the impugned order dated 3^rd January 2023 passed by the Respondent No.3-the First Appellate Authority & General Manager, (NW-II), State Bank of India at Ahmedabad.

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22-aswp-11902-2024.doc

Learned counsel appearing for the Respondent Nos.2 and 3 raises a preliminary objection. He states that the Petition is not maintainable in this Court inasmuch as, the impugned orders have been passed by the Respondent No.3-the First Appellate Authority i.e. General Manager, State Bank of India at Ahmedabad and by the Central Information Commissioner, i.e., the Second Appellate Authority at New Delhi. He submits that the Petitioner ought to have filed a Petition challenging the said orders before the Gujarat High Court or the Delhi High Court.

In view of the aforesaid objection raised by the learned counsel appearing for the Respondent Nos.2 and 3 with respect to jurisdiction of this Court to entertain this Petition, the Petitioner, who appears in person seeks leave to withdraw the Petition with liberty to file appropriate proceeding before the appropriate forum as may be maintainable in law.

Petition is accordingly disposed of as withdrawn with liberty as prayed.

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22-aswp-11902-2024.doc

We make it clear that we have not gone into the merits of

the Petition and as such, keep all contentions of all the parties on merits open.

(DR. NEELA GOKHALE, J.)

(REVATI MOHITE DERE, J.)

Digitally signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date: 2025.06.12 17:08:59 +0530

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