In this review petition, the petitioner sought recall of a previous order granting liberty to seek fresh information under the RTI Act. The Court dismissed the petition, holding that since the petitioner had already availed this liberty, it could not recall its order.
The review petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Review Petition (Writ) No. 109/2018
Syed Shahid Ali Son Of Syed Mahmood Ali, aged about 50 yrs, Resident Of B-136, Kardhani Govindpura, Kalwar Road, Jhotwara, Jaipur, Rajasthan
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Tanveer Ahamad, Adv. For Respondent(s) : Mr. Ganesh Meena, AAG.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
02/09/2022
The present review petition has been filed for recalling of the order dated 07.12.2017 passed by this Court, whereby writ petition was disposed of with liberty to the petitioner to make a fresh application to seek information under the Right to Information Act, 2005.
Learned counsel for the petitioner submitted that the petitioner has made due compliance of the observations made by this Court while disposing of the writ petition, however, in spite of such application being filed by him, the requisite information has not been furnished to him and learned counsel submits that as such this Court may recall the order and may hear the matter on merits.
(2 of 2)
[WRW-109/2018]
This Court is afraid to accept aforesaid submissions of learned counsel for the petitioner.
This Court finds that, if the petitioner has already moved an application for seeking information and the same has not been decided or rejected, the petitioner is always free to pursue the remedy provided under the Right to Information Act, 2005. As far as, the prayer for recalling of the order is concerned, this Court finds that no prayer can be accepted by this Court and liberty granted to the petitioner has already been availed by him.
Accordingly, the review petition is dismissed.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav /86/Bhavnesh Kumawat
34
2 issues framed by the court
Whether the petitioner could recall the impugned order disposing of the writ petition granting liberty to seek fresh information.
Whether the petitioner was free to avail the remedy provided under the Right to Information Act given non-submission of information.
1 provisions across 1 enactments
Syed Shahid Ali
The State Public Information Officer And District Education Officer, Secondary Education, Jaipur-I
The Deputy Director, Secondary Education, Jaipur Division
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
