Mithlesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9061 of 2015 =========================================================== Mithlesh Kumar, son of late Ram Babu Rai, Resident of Village Darapur, office Gorigama, Mahnar Block Police Station Mahnar, District Hajipur at Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, H.R.D. Department, Government of Bihar, Patna.

2. The State Information Commission, Information Building , 4th Floor, Bailey Road, Patna.

3. The appellate Authority, under the Public Information Centre, Vaishali.

4. The Block Education Extension Officer-cum-Public Information Officer, Mahnar Block, District Vaishali.

5. The Director, Human Resources Development Department , Bihar, Patna.

6. The District Superintendent of Education , Vaishali.

7. The Head Master, Primary School , Darapur, within Mahnar Block, District Vaishali.

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

For the Petitioner/s : Mr. Satya Nand Shukla, Advocate For the Respondent/s : Smt. Namrata Mishra, GA-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 08-12-2016 Heard learned counsel for the parties.

2. The petitioner has sought information from the respondent authorities with regard to number of students, expenditure on Madhyahna Bhojan Institution and Others in the present writ application filed in public interest. The petitioner had earlier sought such information under the Right To Information Act, 2005 from the respondents, but vide order dated 17th September,

Patna High Court CWJC No.9061 of 2015 dt.08-12-2016 2/2 2011, the Appeal has been dismissed denying such information.

3. The present petition has been filed in the year 2015, but without even challenging the said order passed under the Right to Information Act. Once the information sought by a statutory authority has been declined, the petitioner cannot seek the information in the writ jurisdiction under the guise of public interest.

4. Consequently, we do not find any merit in the present writ application.

5. The present writ petition is accordingly dismissed. (Hemant Gupta, J) (Vikash Jain, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 14.12.2016 Transmission Date N/A