Disposed

Sri B S Vishwanath v. the Public Information

Karnataka HC2 Sept 2021WP/156/2021

Case brief

AI extract

What is this about?

This brief order in an RTI-related writ petition directs the Tahasildar of Srirangapatna to complete the Survey and Durasti of specific land. The court mandates sharing resultant records within two weeks and imposes a daily penalty of Rs. 2,000 for delays, to be recovered from officials.

What did the court decide?

Direction to Tahasildar to complete Survey & Durasti within four weeks, share records within two weeks, and pay Rs. 2,000/day delay penalty.

Sri B S Vishwanath Vs the Public Information — RTI and Transparency | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2ND DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.156 OF 2021 (GM-RES)

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BETWEEN:

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SRI. B.S. VISHWANATH, AGED ABOUT 75 YEARS, S/O. LATE DR. BSV SHAMANNA, 78/4, GOVINDAPPA ROAD, BASAVANAGUDI, BANGALORE - 560 004.

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…PETITIONER

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(BY SRI. B.S.VISHWANATH, ADVOCATE)

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AND:

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1 . THE PUBLIC INFORMATION

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OFFICER CUM THASILDHAR,

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SRIRANGAPATNA TALUK,

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MANDYA DISTRICT - 571 401.

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2 . FIRST APPELLATE AUTHORITY,

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THE ASSISTANT COMMISISONER, PANDAVAPURA SUB DIVISION, MANDYA DISTRICT - 571 434.

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3 . SRI. H.S. MAHESH,

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DEPUTY TAHASHILDAR, THASILDAR OFFICER, KUPP SHILANERE, K.R.PET TQ., MANDYA DISTRICT.

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…RESPONDENTS

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(BY SRI. B.V. KRISHNA, AGA FOR R1 & R2; R3 SERVED & UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 24.06.2020 IN CASE NO.KIC 5524 APL 2019 R/W KIC 14428 APL 2016 ANNEXURE AND ALSO ORDER IN CASE NO.KIC 5655 APL 2019 R/W KIC 14427 APL 2016 PASSED BY THE KARNATAKA INFORMATION COMMISSION ON 24.06.2020 AS PER ANNEXURE-K7; AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The short and genuine grievance of the petitioner who

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has been in the evening of his life is reflected in the prayer column of the petition as under:

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"(b) To set aside the order dated 24.06.2020 in Case No. KIC 5524 APL 2019 r/w KIC 14428 APL 2016 annexure K7 and also order in case No. KIC 5655 APL 2019 r/w KIC 14427 APL 2016 passed by the Karnataka Information Commission on 24.06.2020 As per Annexure K7.

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(c) Direct the Karnataka Information Commission to impose maximum penalty on the first Respondent as provided under Sec. 20(1)(2) of RTI Act 2005 and proper entry in their service records since commission closed the case without monitoring compliance as prayed earlier.

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(d) Direct the Information Commission to require the 1st Respondent to compensate the Petitioner adequately since it is presumed that violating the law will not invite any consequences and therefore, promotes culture of impunity, while observing that till date called for Information is not forthcoming.

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(e) Direct the 1st Respondent Authority to provide access to information, as sought in the application of

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the Petitioner application dated: 29.01.2016 (IPO : 32F 850946) u/s 6(1) of RTI Act 2005."

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Learned AGA appearing for the official

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respondents initially having resisted the writ petition now submits that regardless of text of the averments in the petition, grievance appears to be against non-accomplishment of Survey & Durasti of the subject land & not furnishing the records concerning the same and that the Survey & Durasti work would be accomplished, (if already not accomplished), within a period of four weeks in accordance with law and after notice to all the stake holders including the petitioner herein and further that copies of all the records resultantly generated by such Survey & Durasti work would be furnished to the petitioner within next two weeks. If there is any related grievance still remaining thereafter, that too would be addressed by the jurisdictional authorities within next four weeks. This assurance is fair enough.

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In the above circumstances, this writ petition is disposed off directing the Tahasildar, Srirangapatna to accomplish survey & durasthi within four weeks (if it is not already done) and that the resultant records concerning such Survey & Durasti of the subject land shall be shared with the

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petitioner within next two weeks, failing which, the Tahasildar, shall personally pay to the petitioner Rs.2,000/for the delay of each day with liberty to recover the same from the erring officials if any.

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The Registry shall send a copy of this Judgment to the Tahasildar, Srirangapatna for information & immediate compliance so that he can be hauled up for contempt of this court.

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Now, no costs.

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Sd/JUDGE

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Sri B S Vishwanath v. the Public Information

Case brief

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Sri B S Vishwanath v. the Public Information

Case brief

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