Dilip Mariba Dhawale v. The State Of Maharashtra And Others

wp10471.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10471 OF 2016 Shri Dilip S/o Mariba Dhawale Age - 46 years, Occup. Agriculturist, R/o House no.304, Bhim Nagar, Tq. Pathari, District Parbhani ..PETITIONER

VERSUS

1.

The State of Maharashtra Through its Secretary Revenue Department, Mantralaya - 32 2.

The Tahasildar Pathari, Tq. Pathri, District Parbhani 3.

The First Appellate authority Tahsil Office, Pathri, District Parbhani 4.

State information Commission Bench at Aurangabad ..RESPONDENTS Mr S.P. Salgar, Advocate for petitioner;

Mr A.P. Basarkar, A.G.P. for respondents no.1 to 3 CORAM : NITIN W. SAMBRE, J.

DATE : 4th September, 2017 ORAL ORDER:

After having heard learned Counsel for some time, it is noticed that although the Information Commissioner has disposed of the appeal preferred by the petitioner vide impugned order dated 7th July, 2016, yet has not passed any order on the issue of supplying information sought for by the petitioner. The petitioner, in categorical terms, stated that till date the petitioner has not received the information which he had sought from

wp10471.16 (2) the public authority vide application dated 11th May, 2015, pursuant to the provisions of sub-section (1) of Section 6 of the Right to Information Act. 2.

The above referred submissions are not disputed by the learned Asstt. Government Pleader. In view thereof, following order :- The order dated 7th July, 2016, passed by State Information Commissioner, Aurangabad, in Appeal No.3164 of 2015, is hereby set aside. However, paragraph (2) of the said order is maintained. The State information Commissioner is hereby directed to decide the appeal of the petitioner on the issue as to whether the information is supplied to the petitioner or not and if not, shall pass appropriate orders on such prayer.

The petitioner undertakes to appear before the State Information Commissioner, Aurangabad on 25th September, 2017, who shall decide the prayer of the petitioner qua supply of documents within a period of ten weeks thereafter.

With above observations and directions, the petition stands disposed of.

(NITIN W. SAMBRE, J.) amj