Madhav Karbhari Shinde v. Information Officer/ The Headmaster/ Principal, Janata Vidyala School/Junior College And ORS

wp-7513.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7513 OF 2015 Madhav Karbhari Shinde ... Petitioner

Versus

Information Officer/ The Headmaster/ Principal Janata Vidyala School/ Junior College and Ors.

... Respondents Mr. V.N. Walawalkar i/by Mr. Suresh M. Sabrad for the Petitioner. Mr. P.G. Sawant, AGP for the Respondent Nos.3 and 4. CORAM : A.S. OKA, J.

DATE : 22nd NOVEMBER, 2016 P.C.

The learned counsel appearing for the Petitioner seeks time. The challenge in this Petition under Article 227 of the Constitution of India is to the order dated 19th April, 2014 passed by the First Appellate Authority on an Appeal under Sub-Section (1) of Section 19 of the Right to Information Act, 2005. A statutory remedy of preferring a Second Appeal under Sub-Section (3) of Section 19 of the Right to Information Act, 2005 is available to the Petitioner. In view of the availability of an efficacious remedy, this Petition under Article 227 of the Constitution of India cannot be entertained. By keeping open the said remedy, the Petition is disposed of.

wp-7513.15 If the Petitioner avails appropriate remedy under SubSection (3) of Section 19 of the Right to Information Act, 2005, the concerned Appellate Authority is bound to note that the present Writ Petition was filed in this Court on 17th July, 2015 and the same remained pending in this Court till today. All contentions on merits are kept open.

(A.S. OKA, J)