(1.) Rule. Rule made returnable forthwith. Petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.
(2.) The issue in this case is covered by the judgment passed by this court in Writ Petition No.566/2007 on 13.1.2009. It appears from the judgment passed by this court in Writ Petition No.566/2007, on 13.1.2009 since, in the case of Dr. Panjabrao Deshmukh Urban Cooperative Bank Limited Vs. State Information Commissioner, 2009 4 AllMR 873 and the circular issued by the Commissioner Cooperation & Registrar of Cooperative Societies, Maharashtra State, Pune on 8.2.2006, that the petitioner is not a "public authority" within the meaning of section 2(h) of the Right to Information Act. Since the petitioner bank is not a "public authority" within the meaning section 2(h) of the Right to Information act, the State Information Commissioner, Vidarbha Region, Nagpur was not justified in partly allowing the appeal filed by the respondent no. 1 and directing the petitioner bank to supply the information and documents in the form of xerox copies within a period of 30 days. The respondent could not have sought information from the petitioner bank under the Right to Information act.
(3.) The learned counsel for the respondent no. 1 states that the respondent no. 1 can as well seek information from the petitioner bank under the provisions of the Maharashtra Cooperative Societies Act. If that be so, the respondent is entitled to make an application before the petitioner bank and the same may be decided by the petitioner bank in accordance with law.