Kacharu Khandu Wagh v. The Commissioner Of State Information Commission And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO.288 OF 2023 WITH WP/291/2023 WITH WP/292/2023 WITH WP/289/2023 KACHARU KHANDU WAGH

VERSUS

THE COMMISSIONER OF STATE INFORMATION COMMISSION AND OTHERS ....

Mr S. N. Lale Yelwatkar, Advocate for Petitioner; Mr S. K. Tambe, A.G.P. for Respondent No.1 Mr A. D. Kulkarni a/w Mr Pradeep Lohiya, Advocates for Respondent Nos.2 to 4 Mr R. V. Gore, Advocate for Respondent No.5 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 15th June, 2023 PER COURT:

1.

The learned Advocate representing Respondent Nos.2 to 4, submits on instructions that, several documents have been provided to the Petitioner by posting them on his registered address by Speed Post A.D. The Petitioner submits that, he has received none.

2.

We have perused the several orders passed by the various Appellate Authorities as well as the State Information Commissioner for the Aurangabad Region. The learned Advocate

(2) for the Petitioner, submits on instructions from the Petitioner, who is present in the Court, that the Petitioner is willing to visit the office of Respondent No.5 and carry out an inspection of those documents, which are mentioned in his applications, for seeking information under the Right to Information Act, 2005. After taking inspection, he would prepare a list of documents, which need to be supplied to him and he is willing to pay the requisite charges for issuing copies of the said documents. 3.

The learned Advocate representing Respondent No.5, submits on instructions that, the Petitioner has frequently visited the office of Respondent No.5 and created a ruckus. An FIR had to registered against him. If he does not improve his behaviour in the premises, it would escalate/precipitate the issue. He has to undertake to behave properly in the office of Respondent No.5 and peacefully go through the documents. If he marks the documents and prepares an application, listing all those documents, the Department would supply copies of such documents within 30 days upon payment of requisite fees by the Petitioner.

4.

The Petitioner is agreeable.

(3) 5.

In view of the above, these petitions are disposed off, with the following directions :- (a) The Petitioner would be at liberty to inspect the documents, which are mentioned in his application filed under the Right to Information Act, 2005.

(b) He will not create any ruckus in the office and would inspect the documents in a disciplined and well behaved manner.

(c) After he identifies the documents, which he desires to be supplied to him, he would prepare an application and list out such documents. He would pay the requisite fees, as may be directed by the office of Respondent No.5. (d) Within 30 days from the above, Respondent No.5 would deliver copies of the documents to the Petitioner by Speed Post A.D. or by asking him to come to the office and collect them by endorsing (signing ) in acknowledgment. (e) Respondent No.5, if felt appropriate, shall resort to videography, when the Petitioner is taking inspection of the

(4) documents, in view of the consent given by the Petitioner in the Court.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk