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Patna High CourtCWJC/8122/2017dismissed

Ranjeet Kumar Patel v. The State Information Commission Through Its Chairman And ORS

2019-07-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8122 of 2017 ====================================================== Ranjeet Kumar Patel Son of Late Keshaw Dutta Patel, Resident of Village Post- Madarna, P.S.- Vaishali, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State Information Commission Through Its Chairman, Bihar, Patna 2.

The Chairman, State Information Commission, 4th Floor, Suchna Bhawan, Bailey Road, Bihar, Patna.

3.

The 1st Appellate Authority-cum- District Collector, Vaishali. 4.

The Public Information Officer-cum- Senior Deputy Collector, Hajipur, Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Respondent/s :

Mr.Sunil Kr.Mandal-Sc3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2019 The present writ petition has been filed for quashing the order dated 14.10.2016 passed by the State Information Commissioner in case no. 67856/2011-12.

At the inception, it would be relevant to mention here that the petitioner had defaulted to appear before the State Information Commissioner, when the impugned order dated 14.10.2016 was passed and infact, he has defaulted to appear today also inasmuch as neither he nor his counsel are present when this case has been taken up for hearing. Earlier also, the present writ petition has been dismissed for non-prosecution vide order dated 25.09.2018. Today also, no body has appeared for the petitioner to prosecute the present writ petition, hence it appears that the petitioner is not interested in prosecution of the present writ petition and unnecessarily, the time of this Court is being wasted by unnecessarily keeping the present

Patna High Court CWJC No.8122 of 2017(3) dt.18-07-2019 2/2 petition pending, thus this Court is of the view that the matter requires examination by this Court itself on merits, for the purposes of disposal of the same.

I have perused the impugned order dated 14.10.2016 and I find that information has already been provided by the Public Information Officer-cum- Senior Deputy Collector, Hajipur, Vaishali vide memo no. 879 dated 30.12.2011 to the petitioner herein. The State Information Commissioner, by the impugned order dated 14.10.2016, has advised the petitioner to approach the concerned officer/ authority for receipt of any other information in accordance with law by filing fresh application.

Having perused the impugned order dated 14.10.2016, this Court does not find anything wrong or adverse qua the petitioner herein, hence the writ petition stands dismissed. This Court, though, is of the opinion that the present writ petition is a frivolous petition and an abuse of the process of the Court and requires to be dealt with firmly by imposition of heavy cost but since no body has appeared for the petitioner, this Court refrains from passing any such order.

(Mohit Kumar Shah, J) rinkee/- U