Shri. Babarao Ambadas Shinde v. State Information Commissioner, Bench At Amravati And Others

1 45. WP5819.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5819/2025 SHRI. BABARAO AMBADAS SHINDE

VERSUS

STATE INFORMATION COMMISSIONER, BENCH AT AMRAVATI AND OTHERS Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. Ankush Kalmegh, counsel for the petitioner. Shri. N. S. Autkar, AGP for the respondent no. 1. CORAM : PRAFULLA S. KHUBALKAR, J.

D ATE : OCTOBER 1, 2025 1.

Heard learned counsel for petitioner.

2.

Petitioner's challenge is to order passed by the respondent no. 1 imposing penalty of Rs. 25,000/- on the petitioner under the provisions of Right to Information Act, 2005. 3.

Learned counsel for petitioner submits that the impugned order is passed without giving any notice or apportunity of hearing to the petitioner and hence it is unsustainable. He invites attention to an order passed by this Court in Writ Petition No. 2001/2021 with connected matters involving identical controversy. He also relies on Division Bench judgment in the matter of Public Information Officer Vs. Shri Sudhir Sopan Tonpe reported in 2021(2) AIR BomR 150.

4.

Issue Notice to the respondent returnable on 06.11.2025 5.

Learned Assistant Government Pleader Shri. N. S. Autkar waives service of notice on behalf of respondent no. 1.

2 45. WP5819.25.odt 6.

In the meantime, ad interim relief in terms of prayer clause (ii) shall operate, which is reproduced below; "(ii) Stay the effect and operation of the order 19/05/2025 at (Annexure-G), passed in Second Appeal No. 3053/2018 by Respondent No. 1 herein, till the final disposal of present petition;"

(PRAFULLA S. KHUBALKAR, J.) S.B. Raut