Sher Mohammed v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1942 of 2016 • Sher Mohammed S/o Late Vali Mohammed, Aged About 55 Years R/o Purana Bazar Para, Mandi Road, Ward No.7, Surajpur, District Surajpur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through: Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, New Raipur, Police Station Rakhi, District Raipur, (Chhattisgarh)

2. The Tahsildra, Surajpur, Distt. Surajpur, (Chhattisgarh)

3. The Public Information Officer, Surajpur, District Surajpur, (Chhattisgarh)

4. District Public Information Officer, Surajpur, District Surajpur, (Chhattisgarh)

5. Chhattisgarh State Information Commission, Raipur, Indrawati Bhawan, Raipur, (Chhattisgarh) ---- Respondents For Petitioner :

Shri B.L. Sahu, Advocate on behalf of Shri Pushpendra Kumar Patel, Advocate For Respondents-State :

Shri Arun Sao, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/08/2016

1. Petitioner has prayed for a direction to the respondents to decide his representation Annexure P-1, by which he had sought information from the Tahsildar, Surajpur under the Right to Information Act, 2005 (for short 'the Act, 2005').

2. Supply of information under the Act, 2005 is a statutory function governed under the provisions of the Act, 2005 and the rules framed thereunder. The

mechanism under the Act, 2005 provides for preferring first appeal and second appeal before the appellate authority when required information is not supplied within 30 days.

3. The petitioner has alternative remedy of preferring appeal under the Act, 2005, therefore, the present petition is not maintainable. It is accordingly dismissed as not maintainable reserving liberty in favour of the petitioner to avail the alternative remedy.

Sd/- Judge Prashant Kumar Mishra Ashu