Nawab Mohammed Azizuddin Khan, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.13179 OF 2018 Dated:17.04.2018 Between:

Nawab Mohammed Aziuddin Khan, S/o. Late Nawab Lateefuddin Khan, Aged 62 years, Grand S/o. Late Nawab Moin0udDowlah Bahadur, Occ: Landlord, House No.10-2-347/B/16, Feroz Gandhi Nagar, Asif Nagar, Hyderabad, Telangana State .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and another .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.13179 OF 2018 ORDER:

Heard.

2.

This Writ Petition is filed challenging the communication of the Chief Commissioner of Land Administration, Nampally, Hyderabad, dated 02.02.2018, informing the Additional Assistant Commissioner, Office of C.C.L.A., that suitable reply be given to the petitioner on the application filed under the Right to Information Act, 2005 (for short, 'the Act').

3.

If the petitioner is aggrieved by not furnishing the information, as requested, remedy of appeal is available under the Act and further legal remedies are also provided thereunder. Therefore, petitioner cannot directly institute the Writ Petition challenging the decision of the original authority not to furnish the information, as requested.

4.

Learned counsel for the petitioner sought to contend that concerning the same issue, earlier also there was similar rejection and the matter was ultimately contested before this Court. Nothing prevented the petitioner from raising the same issue in the appeal bringing to the notice of the appellate authority under the Act that not furnishing the information is not valid in law. Thus, it is not a case that the petitioner does not have effective and efficacious remedy to entertain the Writ Petition bypassing the remedies available under the Act.

5.

The Writ Petition is accordingly dismissed granting liberty to the petitioner to avail appropriate remedies as available in law. There shall be no order as to costs.

Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:17.04.2018 KH