Prashant Mahadrao Bodkhe v. The State Of Maharashtra And Others

2026:BHC-AUG:6133 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1544 OF 2026 PRASHANT MAHADRAO BODKHE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Yogesh B. Bolkar, Advocate for the Petitioner. Mr. V. M. Lomte, AGP for Respondents-State.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 11th FEBRUARY, 2026.

P.C.:- 1.

Heard learned Advocates appearing for respective parties. 2.

Mr. Bolkar, learned Advocate appearing for petitioner seeks permission to delete respondent no.4.

3.

Permission granted. Amendment to be carried out forthwith. 4.

The present petition is filed with following prayers: "B. By way of appropriate writ order or direction in the like nature, this Hon'ble High Court may kindly quash and set aside the impugned order dated 16.04.2024 passed by respondent no.3, the impugned order dated 01.07.2024 passed by respondent no.2 and the impugned order dated 28.11.2025 passed by the Ld. State Information Commission, in Second Appeal No.7324/2024."

5.

Mr. Bolkar, learned Advocate invites attention of this Court to order dated 28.11.2025 passed by Second Appellate Authority under Right to Information Act, 2005.

(2) 6.

Perusal of order suggests that no reasons are recorded while rejecting petitioner's Second Appeal. It simply refers that First Appellate Authority has disposed of Appeal and Information Officer has responded to petitioner's application. From text of order it is not discernible as to whether information solicited by petitioner was supplied by him or whether response given by Information Officer was in accordance with law. 7.

The Second Appellate Authority is expected to record brief reasons while deciding Second Appeal. When Authority is empowered with appellate powers, it is expected to record brief reasons, so that appellant would know basis for final opinion expressed by Appellate Authority. Even recording of reasons is requirement of principle of natural justice.

8.

In wake of aforesaid observations, following order is passed:

ORDER

a.

Writ Petition is allowed.

b.

The impugned order dated 28.11.2025 passed by State Information Commission, Chhatrapati Sambhajinagar is quashed and set aside.

c.

The matter is relegated to Second Appellate Authority for fresh consideration, who is requested to decide Appeal within

(3) period of one month from date of this order and record necessary reasons in support of decision.

d.

The petitioner to appear before Second Appellate Authority on 17.02.2026.

(S. G. CHAPALGAONKAR) JUDGE Devendra/February-2026