Bamdeo Pandey v. The District Magistrate Siwan And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4219 of 2018 ====================================================== Bamdeo Pandey, Son of Late Gopalji Pandey, resident of Village- Kesdeora Bangro, P.O. Kesdeora Banga, P.S.- Maharajganj, District- Siwan. At present Adarsh Vihar Colony Rukunpura, P.O.- Vetenary College, Patna- 14. ... ... Petitioner/s

Versus

1. The District Magistrate Siwan, P.S.- Siwan, District- Siwan.

2. The Sub- Divisional Magistrate Maharajganj, P.S. Maharajganj, DistrictSiwan.

3. The Circle Officer, Circle Maharajganj, P.S. Maharajganj, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bamdeo Pandey ( In Person ) For the Respondent/s :

Mr. Subhash Chandra Yadav, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 04-09-2018 Heard Mr. Bamdeo Pandey, petitioner (in person) and learned AC to GP-15 for the respondent-State. The present writ application has been filed for a direction to the respondent authorities, particularly, Respondent No.3, the Circle Officer, Maharajganj to supply a certified copy of the records of right and a copy of order of the mutation of the land, appertaining to Plot Nos. 1311, 1310 and 1308, Revenue Thana No. 141, Revenue Survey No. 91, situated in village Kesdeora Bangro, P.S. Maharajganj, District Siwan.

It is submitted by learned counsel for the petitioner that in spite of submission of requisites by the petitioner, a certified

Patna High Court CWJC No.4219 of 2018 dt.04-09-2018 2/3 copy of the documents in question have not been provided to the petitioner. However, Respondent No.3, the Circle Officer, Maharajganj, vide Memo No. 235, dated 09.05.2017, as contained in Annexure-2, has rejected the application of the petitioner on the ground that certified copy of the documents in questions cannot be supplied under the Right to Information Act. Though, Respondent No.3, the Circle Officer, Maharajganj, vide Memo No. 236, dated 09.05.

2017, as contained in Annexure-1, intimated the petitioner that such information with regard to registry cannot be supplied and such information can only be supplied after filing requisites, however, the said letter does not suggest the detail of provision of any law under which such information can only be supplied after filing a requisite to that effect. Hence, the present writ application. Learned AC to GP 15 submits that if a proper requisites is being filed by the petitioner, then Respondent No.3, the Circle Officer, Maharajganj will supply the said documents in question within a time frame.

In the circumstances, though, learned counsel for the petitioner submits that he has already filed the requisites, but he is permitted to file fresh requisites for supply of the documents in question within a period of two weeks from the date of receipt/production of a copy of this order, when it is expected from

Patna High Court CWJC No.4219 of 2018 dt.04-09-2018 3/3 Respondent No.3, the Circle Officer, Maharajganj to verify the documents and take needful action for supply of the documents in question, as permissible under the law within a period of two weeks after filing of requisites.

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

(Dinesh Kumar Singh, J) Amrendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date