Mansukhlal Sisranji Vira v. Maharashtra State Information Commission Pune Throu. Registrar And ORS

402-WP-17094-2024 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17094 OF 2024 Mansukhlal Visranji Vira Age : 72, Occ: Business;

Having his official address At, 161/A, Modibaug, Shivsagar Co-Op. Society, C3, Ganeshkhind Road, Pune -411016

...Petitioner

Versus

1.

Maharashtra State Information Commission (Pune), through the Registrar, having registered address at New Administration Building, 4th Floor, Opp. Council Hall, Pune, Maharashtra - 411001. 2.

State Public Information Officer, Office of Jt. Sub Registrar - Haveli No. 1, having address at Tahsil Office Compound, Shukrawar Peth, Pune, Maharashtra - 411002.

3.

First Appellate Authority, Joint Divisional Registrar, address at 5- Finance Road, Pune-411001. 4.

State of Maharashtra, through Chief Secretary, represented by the Officer of the Government Pleader, Appellate Side, High Court of Judicature at Bombay

...Respondents

__________ Adv. Hamza Lakdawala, for the Petitioner.

Adv. V.R. Raje, AGP for State.

__________ CORAM :

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

DATE :

11 FEBRUARY 2025 P. C. :

1.

This petition is filed under Article 226 of the Constitution of India praying for the following substantive relief:- "A.

Issue a writ of mandamus or any other appropriate writ, order, or direction to the Respondent No. 1 to hear and dispose the revised Second Appeal [Exhibit K @ Page Mayur Adane, PA

402-WP-17094-2024 (C).doc No. 55 to 67] filed by the Petitioner under Section 19(30 of the Right to Information Act, 2005;"

Mr. Hamza Lakdawala, learned counsel for the petitioner submits that the petitioner is praying for the aforesaid limited relief. 2.

There is no opposition on record on behalf of the respondents. Upon hearing Mr. Lakdawala, learned counsel for the petitioner, we find that the petitioner has filed a Second Appeal under section 19(3) of the Right to Information Act, 2005 ("RTI Act" for short) which is pending adjudication before respondent no. 1. Such appeal needs to be decided expeditiously/adjudicated by respondent no. 1. 3.

In the facts and circumstances of the present case, the following order will meet the ends of justice.

ORDER

I) The respondent no.1 shall hear the second appeal filed by the petitioner under section 19(3) of the RTI Act as expeditiously as possible, not later than within a period of 6 weeks from the date of this order is made available to respondent no.1 in accordance with law.

II) After hearing the parties on the second appeal, the respondent no. 1 shall pass order on merits in accordance with law. III) All contentions of the parties are expressly kept open. IV) Disposed of. No costs.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Mayur Adane, PA