BIRENDRA SINGH RAWAT v. PUBLIC INFORMATION OFFICER/VILLAGE PANCHAYAT DEVELOPMENT OFFICER
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE RAVI MALIMATH,HON'BLE MR. JUSTICE ALOK KUMAR VERMA
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2020-12-17. BIRENDRA SINGH RAWAT v. PUBLIC INFORMATION OFFICER/VILLAGE PANCHAYAT DEVELOPMENT OFFICER. Read the...
Judgment text
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 292 of 2020 Birendra Singh Rawat ....... Appellant Vs. Public Information Officer/Village Panchayat Development Officer, Block Development Officer, Block-Jaiharikhal, District Pauri Garhwal and others ….... Respondents Shri M. S. Bhandari, learned counsel for the appellant. Shri Suyash Pant, learned standing counsel for the respondent nos. 1 & 2. th 17 December, 2020 Coram : Hon’ble Ravi Malimath, A. C. J. Hon’ble Alok Kumar Verma, J. Ravi Malimath, A. C. J. (Oral) Aggrieved by the order dated 27. 10. 2020 passed by the learned Single Judge in Writ Petition no. 1853 of 2018 (M/S) in disposing off the writ petition on certain directions, the petitioner is in appeal. 2. The petitioner’s application seeking for certain information is pending consideration before the authority under the Right to Information Act, 2005.
Since the same is not being granted and the matter is still pending consideration, the instant writ petition was filed. The learned Single Judge came to view that having regard to the scheme of the Right to Information Act, the relief as claimed cannot be granted. 3. However, keeping in mind that the petitioner is not being supplied any information, the writ petition is disposed off with a liberty to approach the State Information Commissioner by filing an appropriate, application etc. 4. On considering the reasons assigned, we are of the considered view that the learned Single Judge has been extremely considerate to the case of the petitioner. Even though the writ petition itself was not maintainable, relief has been granted to him. Hence, we find no good ground to interfere with the order dated 27. 10. 2020 passed by the learned Single Judge and the appeal is dismissed. (Alok Kumar Verma, J. ) (Ravi Malimath, A. C. J. ) JKJ/SK
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