Allowed

Manoranjan Sahoo v. State of Odisha

Orissa HC13 Jun 2023WP(C)/16281/2023

Case brief

AI extract

What is this about?

This court directed the State Information Commission, Odisha to dispose of the petitioner's pending second appeal within six weeks, citing precedents from Kolkata and Karnataka High Courts regarding delay in RTI appeal disposal, finding the case meritorious despite respondent's objections.

What did the court decide?

Directed the State Information Commission, Odisha to dispose of the second appeal dated 17.01.2023 within six weeks from receipt of the certified copy of this order.

Manoranjan Sahoo Vs State of Odisha — RTI and Transparency | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.16285 of 2023

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Manoranjan Sahoo

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…. Petitioner Mr. A.K. Panda, Advocate

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-versus-

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State of Odisha and another

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…. Opp. Parties Mr. M.K. Khuntia, A.G.A.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

13.06.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the petitioner and learned counsel for the State. Perused the writ petition and documents annexed therewith.

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Considering the submissions made by learned counsel for the Petitioner that the State Information Commission is not taking appropriate steps for disposal of the 2^nd appeal of the petitioner, which is pending as of now. He further submitted that in similar cases disposed of by Hon’ble Kolkata High Court in the case of Akhil Kumar Roy vrs. West Bengal Information Commission (W.P. No.11933 of 2010) and Hon’ble Karnataka High Court in the case of Jayaprakash Reddy vrs. Central Information Commission (W.P. No.28310 of 2015). The case of the petitioner is also similar with the aforesaid cases, which have been disposed of by the above mentioned High Courts.

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By filing the present writ petition, the Petitioner has prayed for

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// 2 //

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a direction to the State Information Commission, Odisha for early disposal of the 2^nd Appeal of the petitioner i.e. dated 17.01.2023.

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Learned counsel for the State draws the attention of this Court to the charges framed by the State Information Commission in 2^nd appeal under Section 19(3) of the RTI Act. Therefore, he submits that the ratio decided in aforesaid cases, which are not applicable to the facts of the present case of the petitioner and further prays for dismissal of the writ petition being devoid of merit.

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Having heard the learned counsel for the parties and upon a careful analysis of the rival contentions and upon a scrutiny of the writ petition and the documents attached to it, this Court in the greater interest of justice deems it proper to dispose of the writ petition by directing the State Information Commission, Odisha to dispose of the 2^nd appeal dated 17.01.2023 within a period of six weeks from the date of receipt of certified copy of this order taking into consideration of the aforementioned cases relied upon by the petitioner. Parties are directed to cooperate with the trial court.

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With the aforesaid observation and direction, the writ application is disposed of.

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Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra)

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Vacation Judge

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Jagabandhu

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Signature Not Verified

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Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 14-Jun-2023 11:34:33

Manoranjan Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manoranjan Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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