Bhaskar Trivedi v. Sejal Desai Public Information Officer And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE Date: 2025.02.17 10:49:59 +0530 CONTEMPT PETITION NO. 71 OF 2019 IN WRIT PETITION NO. 2972 OF 2018 WITH SHOW CAUSE NOTICE NO. 10 OF 2024 IN CONTEMPT PETITION NO. 71 OF 2019 Bhaskar Trivedi .. Petitioner

Versus

Sejal Desai Public Information Officer & Ors. .. Respondents Adv. C. R. Sadasivan, for the Petitioner.

Adv. Anand Mishra with Adv. Priti Rao i/b. Adv. Ashok M. Saraogi for the Respondent Nos. 2 & 3, State of Maharashtra.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

Mentioned. Taken out of turn.

2.

The above Contempt Petition has been filed by the Petitioner inter alia to hold Respondent No.1 guilty of willful and deliberate

disobedience of the Orders dated 12th December, 2018 and 12th March, 2019 passed by this Court in Writ Petition No. 2972 of 2018. 3.

In Writ Petition No. 2972 of 2018, on 12th December 2018, this Court passed the following Order:- "Heard.

The grievance of the petitioner is about imposition of fine, without giving opportunity of hearing to the petitioner.

2. Issue notice returnable on 14/1/2019.

3. However, in the meanwhile, petitioner shall supply information as directed by ti e Commission, if not already supplied."

4.

Thereafter, on 12th March, 2019 the following Order was passed:- "1 Time is sought on behalf of the petitioner. A grievance is made by the third respondent about non-compliance with order dated 12th December 2018 passed by the earlier Bench. Place the petition on 16th April 2019 under the caption of fresh admission. If the petitioner has not complied with the order dated 12th December 2018, he shall do so within a period of two weeks from today and file affidavit of compliance within a period of three weeks from today. On failure to file affidavit of compliance within the stipulated period, the petition shall stand dismissed for non- prosecution without further reference to the Court."

5.

As can been seen from the reproduction, despite directions to the Petitioner in Writ Petition No. 2972 of 2018 to furnish the information, the same was not done and hence, this Court, on 22nd August, 2024, was of the view that a prima facie case of contempt was made out and therefore, admitted the above Contempt Petition and directed that notice be issued to the Petitioner in Writ Petition No. 2972 of 2018 (Respondent No.1 in the above Contempt Petition).

6.

Today, when the matter was called out, the learned Advocate appearing on behalf of the Respondent No.1 firstly, apologized for the lapse in not furnishing the information, but has stated that she is not in a position to supply this information, because she vacated her office as the Public Information Officer on 28th February, 2019.

7.

The learned Advocate appearing on behalf of the Petitioner stated that in light of these facts, the Petitioner does not want to press the above Petition as the Petitioner is no longer interested in the documents that he sought pursuant to his Application made under the Right to Information Act, 2005.

8.

Considering these peculiar circumstances, we discharge the contempt notice and dispose of the above Contempt Petition. However, there shall be no order as to costs.

9.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]