Nandlal S/O Ramanlal Bhattad v. State Information Commission Maha. State, Thr. State Information Commissioner Amravati And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4526 OF 2023 Nandlal s/o Ramanlal Bhattad Vs. State Information Commission and anr. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A. D. Bhate, Advocate for petitioner.

Mr. C. R. Sharma, Advocate for respondent No.2. Mrs. D. I. Charlewar, AGP for respondent/State CORAM : ROHIT W. JOSHI, J.

DATE : 23.12.2025.

.

The present petition takes exception to order dated 15.06.2023 passed by the State Information Commission, Maharashtra State, Amravati Bench in Complaint No.84 of 2018, purportedly in exercise of power Under Section 18(1) of the Right to Information Act, 2005.

2.

By the said order, the learned Information Commissioner has directed the District Superintendent of Police, Buldhana to hold an enquiry against the petitioner in relation to complaints of extortion made against the petitioner and to take appropriate steps against him in accordance with law.

3.

The Commission has also directed the Superintendent of Police to furnish a report to it in accordance with the said order.

4.

The learned Advocate for the petitioner states that the said order is passed without hearing the

petitioner. The learned Advocate for respondent No.2/complainant does not dispute the said statement. 5.

The learned Advocate for respondent No.2 states that he has no objection if the impugned order dated 15.06.2023 is quashed and set aside and the matter is remitted to the learned Information Commissioner for deciding the complaint afresh after affording opportunity of hearing to the petitioner.

6.

The learned Advocate for the petitioner states that the order impugned is absolutely without jurisdiction and that the respondent No.2 also does not have locus to file the complaint lodged by him. He submits that if the matter is remitted back to the learned Information Commissioner, the said issues be kept open. The request is reasonable.

7.

In view of the aforesaid, the petition is partly allowed in the following terms:- (i) Order dated 15.06.2023 passed by the learned State Information Commission, Maharashtra State, Amravati Bench in Complaint No.84 of 2018 is quashed and set aside.

(ii) The Complaint No.84 of 2018 is remitted to the State Information Commission, Maharashtra State, Amravati Bench for deciding the same afresh after hearing the parties.

8.

The State Information Commission shall decide the issue of jurisdiction and locus of respondent No.2 to file the complaint.

9.

Parties to appear before the learned Information Commissioner on 15.01.2026.

10.

The learned Information Commissioner is directed to hear the parties and decide the complaint afresh on or before 30.04.2026.

11.

The interim order dated 20.07.2023 shall continue for a period of 2 weeks from the date on which the order is communicated to the petitioner and a copy thereof is served on him.

(ROHIT W. JOSHI, J.) Tanmay...