Setram Yadav Vs Chhattisgarh State Information Commission

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1

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 109 of 2021

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1 - Setram Yadav S/o Gasiyaram Aged About 35 Years R/o Village- Shitalpur, REKHA SINGH Post Bhinodi Tahsil Bilaigarh, District Balodabazar- Bhatapara, Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

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... Petitioner(s)

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versus

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1 - Chhattisgarh State Information Commission Through Its Secretary Sector19, North Block, Atal Nagar, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

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2 - Public Information Officer And Chief Executive Officer Janpad Panchayat Bilaigarh, District Balodabazar- Bhatapara, Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

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... Respondent(s)

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For Petitioner(s) : Mr.Aman Kesharwani, Advocate For respondent No.1 : Mr.Shyamsunder Lal Tekchandani, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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08.08.2025

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The petitioner has filed this petition seeking the following relief(s):-

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“10.1 This Hon'ble Court may kindly be please to issue appropriate writ/ direction and direct to the respondent no. 2 to provide information sought by the petitioner and award appropriate compensation as per law to the petitioner.

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10.2 This Hon'ble Court may kindly be please to issue appropriate writ/ direction and imposed penalty on the respondent no. 2 as per law.

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10.3 To grant any other relief which may suitable in the facts and circumstances of the case may also be allowed.

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10.4 Cost of the petition May kindly award to the petitioner.”

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-2-

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That an order was passed in favour of the petitioner by the State Information Commission on 26.12.2019, whereby, Public Information Officer was directed to provide documents to the petitioner but till date, the order has not been complied with.

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The petitioner has filed this petition seeking a direction to the respondent authorities to comply with the order passed by the State Information Commission.

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The High Court is not an executing Court of State Information Commission and there is provision under Section 18(2) of the Right to Information Act, 2005 (for short ‘the Act of 2005’) to initiate an inquiry against the authority who has not complied with the order.

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Section 18(2) of the Act of 2005 is reproduced herein below :

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“Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.”

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Going through the provisions of Section 18(2) of the Act of 2005 and the facts of the present case, the present petition is not maintainable and accordingly dismissed . However, the petitioner would be at liberty to avail remedy available under the law.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Rekha

Setram Yadav v. Chhattisgarh State Information Commission

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Setram Yadav v. Chhattisgarh State Information Commission

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