Arif Munnir Ahemad Siddiki v. The State Of Maharashtra And Others

wp8534.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 8534 OF 2014 Arif s/o Munnir Ahemad Siddiki age 50 years, occ. Social worker r/o Labour colony, Azad Choak Latur, Tq. & Dist. Latur .. PETITIONER

VERSUS

1.

The State Information Commission Aurangabad Division, Aurangabad.

2.

The State Information Commission Mumbai Division, Mantralaya, Mumbai 400 003.

3.

The Appellate Information Officer Disaster Management Unit Revenue and Forest department Mantralaya Mumbai 400 003.

4.

The Information Officer and Secretary Disaster Management unit Revenue and Forest Department Mantralaya, Mumbai 400 003.

.. RESPONDENTS Mr. S.C. Swami, advocate for petitioner.

Mr. A.V. Deshmukh, AGP for the State.

===== CORAM : S. B. SHUKRE, J.

DATE : 16th JANUARY, 2017.

ORAL JUDGMENT :

1.

Heard.

2.

Rule. Rule made returnable forthwith. Heard finally by consent.

wp8534.14.doc 3.

It is contended that before rejecting the appeal filed by the petitioner, the petitioner has not been heard on the objection that appeal was beyond limitation. Such an order cannot stand the scrutiny of law. 4.

The impugned order is, therefore, quashed and set aside. The matter is remitted back to the learned Commissioner for giving hearing to the petitioner on the objection of limitation and, after hearing the petitioner, an appropriate order shall be passed. Writ petition is allowed and rule is made absolute in above terms. No costs.

( S. B. SHUKRE ) JUDGE dyb