Sewakram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 871 of 2020 Sewakram S/o Kedarnath Patle, Aged About 68 Years, Caste Suryavanshi, R/o Village- Bhadra, Post- Bhadra, Tahsil And Police Station - Pamgarh, District- Janjgir Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Rajya Suchna Ayukta, Chhattisgarh, Rajya Suchna Aayog, Nawa Raipur, Atal Nagar, DistrictRaipur, Chhattisgarh

2. The Chief Information Commissioner, Chhattisgarh State Information Commission, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh

3. The Chief Executive Officer, Zila Panchayat, Janjgir Champa, DistrictJanjgir Champa, Chhattisgarh

4. Jan Suchna Adhikari/Sachiv, Gram Panchayat Bhadra, District- Janjgir Champa, Chhattisgarh ---- Respondents For Petitioner :

Mr. S. S. Baghel, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 12.03.2020

1. The relief sought by the petitioner in the present writ petition is for an appropriate direction to the respondents for complying with the order dated 19.01.2016 Annexure P-4 passed by the respondent no.2.

2. At the outset, this Court is of the opinion that the writ petition would not

be maintainable as the High Court, in exercise of its power under Article 226 of the Constitution of India, is not the executing agency so far as the order passed by the respondent no.2 is concerned. If there is an order passed by the respondent no.2 to which there is a noncompliance, the remedy open to the petitioner would be to approach the same forum for imposition of penalty upon the respondents for non compliance of the order. The High Court cannot be converted into an Execution Court of an order passed by the State Information Commissioner.

3. Reserving the right of the petitioner to avail appropriate remedies available to him, the writ petition stands rejected. Sd/- P. Sam Koshy Judge Khatai