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C. Sri hari Prasad v. The State of Telangana

Court: High Court for State of Telangana

Bench: LAXMI NARAYANA ALISHETTY

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-02-13. C. Sri hari Prasad v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

I [ 3383 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION NO: 3'1361 OF 2023 Between: C. Sri Hari Prasad, advocate, Age. 32 years flat no 104, ganapathi home partments, phanigiri colony, near 3rd bustop, chaitanya puri, dilsuknagar, Hyderabad .. PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Home Department Secretariat, Hyderabad. 2 The Commissioner of Police, Hanumakonda district earstwhile Warangal Urban District, Warangal. e Deputy commissioner of the police, (central zone) c/o The Commissioner of Police Hanumakonda district earstwhile Warangal Urban District,Warangal 4 Assistant commissioner of police/Appellate Officer (PlO), A. C. P Kazipet. 5.

The Station House Officer cum Public lnformation Officer (PlO), Kamalapur Police Station Hanumakonda district earstwhile Warangal Urban District. CT of R4 and R5 are amended as per C. O. dt. 08. 01 . 2025 in lA M. 212024. .. RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Certiorarified Mandamus, declaring the action of the Respondents no. 2 to 5 as illegal, arbitrary, capricious besides against the spirit of Right To Information Act, 2005 and (i) call for the records of the Respondent authorities and direct the Respondent No. 2 to 5 to furnish certified copies of information as sought by me through my RTI Application dated. 30. 01. 2023 (ii) Award costs of the present writ petition in favour of the Petitioner, (iii) lmpose penalty/costs on respondents no.

2 to 5 for their derelicition of duties and infringement of my fundamental right guaranteed under Article 19 of Constitution of lndia. :- lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in tht: )ircumstances stated in the affidavit filed in support of the petition, the High Cc,r 1 may be pleased to direct the 2 to 5 Respondents to furnish the informatio as prayed pending disposal of the writ petition. lA NO: 1 OF 2024 '1 Petition under Section 5'1 CPC praying that in tho )ircumstances stated in the affidavit filed in support of the petition, the High Cc r 1 may be pleased to permit the petitioner to allow the amendment of responde t 4 & 5 in the above WP as also in the lA'S the allow this amendment peti:i n in the above writ petition, pending disposal of the above writ petition. Counsel for the Petitioner: SRI SUDHAKAR REDDY REP. t OR SRI S.

MALLESWARA RAO Counsel forthe Respondents: GP FOR HOME / GP FOR INFORMATION &' ECHNOLOGY The Court made the following: ORDER HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No. 3136L of 2o23 DATE OF oRDER: L3. O2. 2O26 BETTVEEN: C. Sri Hari Prasad . . . Petitioner AND The State of Telangana, Rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad and 4 others. .. Respondents : ORDER: This writ petition is frled to declare the action of respondent Nos. 2 to 5 in not furnishing certified copies of information as sought by the petitioner through RTI Application dated 30. 01. 2023, as illegal, arbitra4r ald contrar5r to the spirit of Right to Information Act, 2005, and for consequential relief. 2. Heard Sri Sudhakar Reddy, learned counsel representing Sri S. Malleshwar Rao, learned counsel for the petitioner on record and Iearned Government Pleader for Information and Technolory. 3.

l,earned Counsel for the petitioner would submit that the petitioner submitted application dated 3O. 01 . 2023 seeking certain information from respondent No. 5. As the respondent No. S failed to furnish the information sought, the petitioner sr rmitted another application dated 17. 08. 2023 to respondent Nc However, the respondent No. S has neither considered the sarc application nor furnished the information sought. Aggrieved by 1l :: same, present writ petition is fried. 4. Learned Government Pleader for Informatiorr ,and Technologz, rvould submit that the petitioner has an effective ;,lmedy of appeal under Sections 19(1) and 19(3) of the Right to Info- rrationAct, 2005 against non consideration and non furnishing o information by Public Information Ofhcer.

He further submitr; that the State Information Commissioner has now been appoirl :d and that the petitioner can flle appeal before the State InformatLr n Commissioner and therefore prayed to dispose of the writ petiticr gralting liberty to the petitioner to avail the said remedy of appeeJ before the State Information Commissioner. 5. In view of the submissions made by the le,t ned counsel for the petitioner as well as learned Government Pleade ' for Information and Technologz, the writ petition is disposed of :nting liberty to 53 the petitioner to avail remedy of appeal under Sect cn 19(1) and 19 (3) of the Right to Information Act, 2005. On such z cpeal being filed by the petltioner, the State Information Commissio r,:r shall dispose 'r:w7 of the same, within the time prescribed by the Act. No order as to i/ costs. Miscellaleous petitions pending, if any, shall stand closed. SD/. P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// ,1 SECTI oVor FICER To, 1 .

The Principal Secretary, Home Department, The State of Telangana, Secretanat, Hyderabad. 2. The Commissioner of Police, Hanumakonda district earstwhile Warangal Urban District, Warangal. 3- Deputy commissioner of the policb, (central zone) c/o The Commissioner of Police Hanumakonda district earstwhile Warangal Urban District,Warangal 4. Assistant commissioner of police/Appellate Officer (PlO), A. C. P Kazipet. 5. The Station House Officer cum Public lnformation Officer (PlO), Kamalapur Police Station Hanumakonda district earstvvhile Warangal Urban District. 6. One CC to SRI S. MALLESWARA RAO, Advocate [OPUC] 7. Two CCs to GP FOR HOME, High Court for the State of Telangana [OUTI 8. Two CCs to GP FOR INFORMATION & TECHNOLOGY, High Court for the State of Telangana [OUT] 9. . Two CD Copies BN GJP M HIGH COURT DATED:13 10212026 si dE Tr ( \ -) 'i2 o (-. 2026 2 J ('1 lqAR )t l. I . riii J a' t . L. ORDER WP. No. 31361 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS l3 Arcs zzfzlrc

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.