Disposed¶19

Shri. Babarao Ambadas Shinde v. State Information Commissioner, Bench at Amravati and Others

Bombay HC28 Nov 2025WP/5817/2025

Case brief

AI extract

What is this about?

RTI Act 2005 penalty; State Information Commissioner Amravati Bench; Second Appeal No. 3057/2018; penalty order without notice or opportunity of hearing; ad interim stay of penalty order; Writ Petition No. 2001/2021 identical controversy; Public Information Officer v. Sudhir Sopan Tonpe 2021(2) AIR BomR 150; Nagpur Bench; interim order dated 01.10.2025; notice returnable 06.11.2025; AGP waiver.

What did the court decide?

Ad interim relief in terms of prayer clause (ii): stay of the effect and operation of the order dated 19/05/2025 (Annexure-G) passed in Second Appeal No. 3057/2018 by Respondent No. 1, till final disposal of the writ petition; notice issued, returnable on 06.11.2025. Petition itself remains pending; no merits adjudication in this order. ¶19

Shri. Babarao Ambadas Shinde vs State Information Commissioner, Bench at Amravati and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the penalty of Rs. 25,000/- imposed on the petitioner by Respondent No. 1 under the Right to Information Act, 2005, without giving any notice or opportunity of hearing, is unsustainable.

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Court's answer

Ad interim relief in terms of prayer clause (ii) — stay of the effect and operation of the order dated 19/05/2025 passed in Second Appeal No. 3057/2018 — shall operate till the final disposal of the present petition.

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Ratio / Principle

Leave granted to the petitioner to correct the date in prayer clause (ii); necessary amendment to be carried out forthwith.

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Key takeaways

Notice issued to the respondent, returnable on 06.11.2025; learned Assistant Government Pleader Shri. N. S. Autkar waived service of notice on behalf of respondent no. 1.ratio¶17

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Prafulla S. Khubalkar, J.), order dated October 01, 2025 in Writ Petition No. 5817/2025 — Babarao Ambadas Shinde v. State Information Commissioner, Bench at Amravati & Ors. Petitioner challenges the order dated 19/05/2025 (Annexure-G) passed by Respondent No. 1 in Second Appeal No. 3057/2018 imposing a penalty of Rs. 25,000/- under the Right to Information Act, 2005, contending it was passed without any notice or opportunity of hearing; counsel relied on this Court's order in Writ Petition No. 2001/2021 (connected matters, identical controversy) and the Division Bench decision in Public Information Officer v. Shri Sudhir Sopan Tonpe, 2021(2) AIR BomR 150. Leave granted to amend the date in prayer clause (ii); notice issued, returnable on 06.11.2025, with service waived by the AGP for Respondent No. 1; ad interim relief in terms of prayer clause (ii) — stay of the penalty order — to operate till final disposal of the petition.

Shri. Babarao Ambadas Shinde v. State Information Commissioner, Bench at Amravati and Others

Case brief

What is this about?

What did the court decide?

Shri. Babarao Ambadas Shinde v. State Information Commissioner, Bench at Amravati and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

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Case details

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