The Bhandara Urban Co-Op. Bank Ltd., Bhandara, Thr. Chief Executive Officer v. Shalikram Mahadeoji Kularkar And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4790 OF 2021 The Bhandara Urban Co-operative Bank., Bhandara Thru. Its Chief Executive Officer Vs.

Shalikram Mahadeoji Kularkar and ors.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. N. L. Jaiswal, Advocate for petitioner.

Mrs. P. M. Masodkar, Advocate for respondent No.1. Mr. S. N. Kumar, Advocate for respondent Nos.2 and 3. CORAM : ROHIT W. JOSHI, J.

DATE : 05.12.2025.

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The petitioner is a co-operative bank and a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960. An order was passed against the petitioner directing it to divulge information under the provisions of the Right to Information Act,2005 (for short, the "RTI Act, 2005"). First Appeal preferred by the petitioners is also dismissed. The petitioner, therefore, preferred Second Appeal under Section 19 of the RTI Act, 2005. Vide order dated 28.09.2021 passed by the Deputy Registrar (CR-1), registration of appeal was refused on the ground that only citizens of India have right to seek information under the said Act.

2.

The learned Authority has clearly erred in refusing to register the appeal. Section 19 of the RTI Act, 2005 clearly indicates that right to file appeal is available

02..odt both to the person who seeks the information and also to a third party with respect to whom the information sought is related.

3.

In view of the above, order dated 28.09.2021, passed by the Deputy Registrar (CR-1), Central Information Commission, New Delhi, is quashed and set aside. The Central Information Commission, New Delhi, is directed to register the appeal and decide it in accordance with law.

4.

The learned Advocate for respondent No.1 makes a request that the Central Information Commission should be directed to decide the appeal expeditiously. Since, the appeal pertains to year 2021, it will be expedient that the same is decided as early as possible, preferably within the statutory time frame and in any case before 30.04.2026.

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