Disposed

Jitendra Lalwani v. the Dist. and Sessions Judge,Jodhpur

Rajasthan HC9 May 2022CW/10419/2018

Case brief

AI extract

What is this about?

Writ petition challenging rejection of RTI appeal was disposed of. Court directed petitioner to exhaust statutory remedy by filing appeal before State Information Commission under Section 19(3) of RTI Act, noting absence of extraordinary grounds for interference.

What did the court decide?

Liberty to file appeal against impugned order before State Information Commission under Section 19(3) of RTI Act.

Jitendra Lalwani Vs the Dist. and Sessions… — RTI and Transparency | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Civil Writ Petition No. 10419/2018

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Jitendra Lalwani S/o Shri Tulsidas Lalwani, Aged About 32 Years, Gewa Ki Haveli, Barlon Ka Chowk, Jodhpur

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----Petitioner

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Versus

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The Dist. And Sessions Judge,jodhpur, District Jodhpur (Appellate Authority Under Right Of Information Act)

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The Chief Judicial Magistrate, Jodhpur, District Jodhpur (Original Authority Under Right To Information Act)

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----Respondents

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For Petitioner(s) : Mr. R.S. Saluja For Respondent(s) : Ms. Akshiti Singhvi Mr. Sandeep Shah, AAG Mr. Aniket Tater for Mr. Manoj Bhandari, Sr. Advocate

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HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI

Order

09/05/2022

Heard.

This writ petition has been filed by the petitioner assailing the order dated 30.01.2017 passed by the appellate authority rejecting the appeal in the matter of right to information claimed by the petitioner.

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Learned counsel appearing for the respondents would bring to the notice of this Court that the writ petitioner has an efficacious alternate remedy of appeal as provided under Subsection (3) of Section 19 of the Right to Information Act, 2005 (hereinafter referred to as the ‘RTI Act’) before the State Information Commission.

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(2 of 2)

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In view of the aforesaid provision, the appellant has an alternate remedy of preferring an appeal before the State Information Commission, if he is aggrieved by the order passed by the first appellate authority.

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There is no reason why we should not relegate the appellant to first exercise statutory remedy in the absence of there being any extraordinary ground made out in this writ petition warranting interference by this Court without directing the petitioner to first exhaust statutory remedy of appeal as provided under Section 19(3) of the RTI Act.

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In view of the aforesaid consideration, this writ petition is disposed off with liberty to the petitioner to file appeal against the impugned order before the State Information Commission as provided under Section 19(3) of the RTI Act.

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The period from the date of filing of the petition till the date of receipt of certified copy of the order shall be excluded for the purpose of counting the limitation in the matter of filing the appeal before the State Information Commission.

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(FARJAND ALI),J

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(MANINDRA MOHAN SHRIVASTAVA),ACJ

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47-jayesh/-

Jitendra Lalwani v. the Dist. and Sessions Judge,Jodhpur

Case brief

What is this about?

What did the court decide?

Jitendra Lalwani v. the Dist. and Sessions Judge,Jodhpur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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