Bhoj Singh Tandi Vs the Sub Divisional Officer (Revenue) and Executive Magistrate

Respondent No.3-the Chief Information Commissioner, Chhattisgarh to take appropriate penal action against Respondent No. 1 for willful withholding of information and non-compliance with the statutory provisions and to Direct Concerned Authorities to information sought in the RTI application dated furnish the 15/04/2025, free of cost, within such time as this Hon'ble Court may fix. (ii) That this Hon'ble court may be further pleased to pass any other consequential and other orders/ writs which this Hon'ble court deems just and proper in the facts and circumstances of the case.”

¶24

Learned counsel for the petitioner submits that by way of this petition, petitioner is seeking a direction to the concerned authority to supply the information sought for under the Right to Information Act, 2005 (RTI Act), which has been wrongfully and illegally withheld despite the statutory time limit having long elapsed. The petitioner submitted a RTI application dated 15/04/2025 before respondent No.1 seeking specific information regarding the compensation amounts disbursed to each landowner for the acquisition of land in Gram Panchayat Teka situated at Khasra Nos. 426/1, 426/2, 440 and 438, which were compulsorily acquired for the purpose of National Highway No.53; said application was accompanied by prescribed challan fee, despite the mandatory statutory period of 30 days prescribed under Section 7(1) of RTI Act, the Public Information Officer (respondent No.1) failed and neglected to furnish the requisite information within the stipulated

¶25

3

¶26

time. Thereafter, the petitioner filed a First Appeal dated 13/06/2025 before respondent No.2/Collector & District Magistrate, Mahasamund who is the designated First Appellate Authority. However, the First Appellate Authority also failed to pass any order or meaningful decision on the said appeal till date. The petitioner has also preferred a Second Appeal before respondent No.3/Commissioner requesting that the second appeal be admitted, the information be furnished free of cost and appropriate penal action delinquent officer. However, no effective relief has been granted to the petitioner. Hence, petitioner has came-up before this Court with above prayer.

¶27

Learned counsel for the respondents submits that in his application, the petitioner has not detailed the required information, as such, information could not be furnished by the concerned Authority.

¶28

Heard learned counsel for the parties and perused the writ petition including the application of the petitioner.

¶29

Upon perusal of application of petitioner dated 15/04/2025 (Annexure P-1), it appears that the petitioner perhaps has not detailed the required information, as such, information could not be furnished by the concerned Public Information Officer (PIO) as well as the First Appellate Authority and the matter is now pending for consideration before the Second Appellate Authority.

¶30

4

¶31

Accordingly, the instant petition stands disposed of giving liberty to the petitioner to file a duly constituted application before the concerned PIO in respect of information which he is requiring to get from the concerned PIO and in-turn the concerned PIO is directed to consider the said application and to pass an appropriate order in accordance with law.

¶32

CC as per rules.

¶33

Sd/-

¶34

(Amitendra Kishore Prasad) Judge

¶35

J.

Bhoj Singh Tandi v. the Sub Divisional Officer (Revenue) and Executive Magistrate

Case brief

What is this about?

What did the court decide?

Bhoj Singh Tandi v. the Sub Divisional Officer (Revenue) and Executive Magistrate

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Adim Jati Sewa Sahkari Samiti Maryadit, Kibaibalenga Vs State of Chhattisgarh

Vijay Vs State of Chhattisgarh

Ramadhar Patel Vs State of Chhattisgarh

Santosh Kumar @ Santosh Dewangan Vs the State of Chhattisgarh

Omkar Multispeciality Hospital Vs State of Chhattisgarh

Narmada Prasad Patel Vs State of Chhattisgarh