AMITABH AGNIHOTRI Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2011-2-90
HIGH COURT OF MADHYA PRADESH
Decided on February 01,2011

AMITABH AGNIHOTRI Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

- (1.)THIS appeal is directed under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, assailing order dated 6.12.2010 passed by Single Bench in W.P.No.17264/2010. By the aforesaid order the learned Single Judge decided the writ petition by passing an order, which reads thus :-
"The learned counsel for the petitioner submits that the respondent authorities are not implementing the order passed by the Appellate Authority under the provisions of the Right to Information Act dated 2.6.2008. In the circumstances, the petition filed by the petitioner is disposed of with a direction to the petitioner to approach the Municipal Corporation, Bhopal by bringing to its notice the order passed by the Appellate Authority. In case the petitioner does so, alongwith a copy of the order passed today and a copy of the petition, within two weeks from today, the said authority shall look into the matter and deal with the same expeditiously in accordance with law. With the aforesaid direction the petition, filed by the petitioner, stands disposed of."

(2.)LEARNED counsel for appellant submitted that the authorities have not given effect to the order passed by Madhya Pradesh State Information Commission Annexure P-2, Annexure P-3 and Annexure P-4 and has supplied a wrong information, which was not demanded by the appellant or directed by the State Commission. It is submitted that orders Annexure P-2, Annexure P-3 and Annexure P-4 may be given effect to.
To appreciate the aforesaid contention, factual position in the case may be stated. The appellant who happens to be a citizen of Bhopal demanded information from the Municipal Corporation, Bhopal in respect of illegal houses constructed on the colonies by encroachment and the list of persons who had constructed beyond W.A.No.67/2011 Amitabh Agnihotri State of M.P. & others the permission. The information was sought alongwith name, number of list, area and encroachments etc. Similar information was sought by Annexure P-3 and Annexure P-4. It appears that the State Information Commission allowed the aforesaid application and directed Public Information Officer, Municipal Corporation, Bhopal to furnish the information. The Municipal Corporation, Bhopal when not furnished the desired information and as the aforesaid information was not in accordance with the orders of the State Information Commission Annexure P-2, Annexure P-3 and Annexure P-4, thereafter appellant approached this Court by filing the writ petition, in which the aforesaid order was passed.

The Right to Information Act, 2005 takes care in respect of such exigency and the appellant may invoke the jurisdiction of concerned authority by filing an application that the information as was directed by Annexure P-2, Annexure P-3 and Annexure P-4 was not supplied to the appellant, but for this aforesaid purpose, no writ can be issued. As the petition itself was mis-conceived, learned Single Judge rightly disposed of the matter with the aforesaid direction.

(3.)THIS appeal is found without merit and is dismissed, with liberty as directed hereinabove. No order as to costs. C.C., as per rules.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.