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Bombay High CourtWP/2838/2025disposed off

Sonal Jain Throu. Poa Hukmichand Harakchand Jain v. The State Of Maharashtra Throu. Revenue Dept And ORS

2025-03-05Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

20-WP-2838-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2838 OF 2025 Sonal Jain

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

__________ Mr. R.S. Mirpury, for the Petitioner.

Ms. Savita Prabhune, AGP a/w Ms. S.D. Vyas,Addl. G.P., for the RespondentState. __________ by PALLAVI MAHENDRA WARGAONKAR Date:

2025.03.11 17:24:19 +0530 CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

PALLAVI MAHENDRA WARGAONKAR DATE :

5 MARCH 2025 P.C.:

1.

This is a petition under Article 226 of the Constitution of India. 2.

The scope of and reliefs sought in the petition are restricted to the decision by the respondents on pending complaint/application of the petitioner dated 11 December 2023.

3.

Mr. Mirpury would submit that the petitioner is aggrieved by the inaction of the respondent authorities by not providing the information as sought for by the petitioner under the Right to Information Act, 2005. For such reason, he would submit that the petitioner is constrained to approach this Court under Article 226 of the Constitution of India. 4.

Ms. Savita Prabhune, learned AGP for the State would oppose the petition. However, there is no written opposition/ reply on record. Pallavi Wargaonkar, PS

20-WP-2838-2025.doc 5.

We have heard the learned counsel for the parties and with their assistance, we have perused the record.

6.

It appears that the application of the petitioner dated 11 December 2023 addressed to respondent no.2 for seeking information under the Right to Information Act is pending adjudication. In view thereof, such application has to be decided by the said respondent. In our view, the following order would meet the ends of justice:

ORDER

(i) Respondent no.2 shall after hearing the petitioner on its application/complaint dated 11 December 2023 pass reasoned orders in accordance with law not later than within a period of six weeks from the date this order is made available to respondent no.2.

(ii) All rights and contentions of the parties are expressly kept open.

(iii) Writ Petition is disposed of. No costs. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Pallavi Wargaonkar, PS