Sri C. Veerappa v. The Commissioner

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 15199 of 2009 Order:

The petitioner states that he is the absolute owner and possessor of property of an extent of 416 sq. yards in Survey Nos.7 and 8 in Plot No.4, situated at Kothapet village, Nagole Grampanchayat, Hyderabad District. He says that that he is having a Xerox copy of lay out and the said lay out was prepared by the Sarpanch of Nagole Grampanchayat. When the petitioner made a request to the respondents 1 and 2 for providing original copy of the lay out by representation dated 09.04.2008, 21.08.2008 and 17.09.2008, the second respondent issued a letter on 01.10.2008 stating that no such document is available with them as the Grampancnayat, Kothapet have not transferred and handed over the records to the erstwhile L.B. Nagar Municipality.

When the petitioner approached the third respondent, he informed that he already transferred the records to the office of the respondents 1 and 2. In those circumstances, the present Writ Petition was filed. Since the petitioner states that he is entitled to the information under the Right to Information Act, if he is aggrieved by the order passed by the second respondent on 01.10.2008, he should have availed the remedy of appeal provided under the provisions of the said Act. The present Writ Petition is not maintainable in view of the availability of alternative remedy.

In the circumstances, the Writ Petition is disposed of giving liberty to the petitioner to approach the appellate authority provided under the Right to Information Act, if he is aggrieved within a period of thirty (30)

days from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 02.12.2016 Nsr