DEVENDRA KUMAR ARORA, J. - (1.) Vide order dated 07.07.2011, notices were issued to the respondents. Sri Shikhar Anand has filed Vakalatnama on behalf of respondents no.1 and 2 whereas the respondent no.3 has sent a letter dated 07.01.2019 stating therein that he had moved an application under the provisions of Right to Information Act for certain information but now he has no requirement for such information.
(2.) Petitioners have approached this Court under Article 226 of the Constitution of India questioning the correctness and validity of the order dated 06.06.2011 passed by the State Information Commissioner, Lucknow in Complaint Case No.S-3-1088 C/2009 (Vidya Ram v. General Manager, Rudra Bilas Kisan Sahkari Chini Mills Ltd., Rampur) whereby the petitioner no.2, who is the General Manager of the Rudra Bilas Kisan Sahkari Chini Mills Ltd. Bilapur, District Rampur, has been directed to provide information to the respondent no.3 (Vidya Ram) within 20 days and explain as to why penal proceedings may not be initiated under section 20 of the Right To Information Act, 2005 for not providing information as sought for by the respondent no.3.
(3.) Brief facts of the case are that respondent no.3 had moved an application on 02.02.2009 under section 6 of the Right To Information Act for certain information pertaining to Rudra Bilas Kisan Sahkari Chini Mills Ltd [petitioner no.1 herein]. On receipt of the aforesaid letter, the petitioner vide letter dated 22.07.2009, had informed the respondent no.3 that the information as sought for by him could not be provided in view of the order dated 03.09.2008 passed by the High Court in Writ Petition No.45384 of 2008. Thereafter a complaint was filed by the respondent no.3 before the State Information Commissioner, Lucknow (respondent no.1) alleging that the information as sought for by him has not been provided. The petitioner no.2 has submitted reply raising preliminary objection that the petitioner no.1 is not a public authority as defined under section 2(h) of the Right To Information Act, 2005 , therefore, he is not legally bound to furnish the information.;