- (1.) The petitioner in this art.226 petition dated September 26, 2011 is seeking the following principal relief: "a) A writ of and/or order and/ or direction in the nature commanding the respondent authorities to supply proper information regarding the certificate which the respondent no. 5 has been submitted at the time of his joining his service in RI office at Ramnagar withing the Ausgram II Block, District- Burdwan."
(2.) The petitioner filed an application dated May 6, 2010 under s.6 of the Right to Information Act, 2005 to the State Public Information Officer of the West Bengal Information Commission. By a letter dated May 14, 2010 (at p.23) the State Public Information Officer of the Commission transferred the application to the Block Land & Land Reforms Officer, Burdwan Sadar (North), Ausgram-II Block. By a letter, a copy whereof was forwarded to the petitioner by a memo dated June 15, 2010 (at p.24), the Block Land & Land Reforms Officer transferred the application to the Sub-divisional Land & Land Reforms Officer, Burdwan Sadar (North) on the grounds that the matter related to the jurisdiction of the Sub-divisional Land & Land Reforms Officer. Now alleging that no information was supplied on the basis of the application this petition has been filed. In view of the provisions of s.19 of the Right to Information Act, 2005, the petitioner was entitled to appeal against non-action on the part of the Sub-divisional Land & Land Reforms Officer who was required to dispose of the application under s.6 in terms of the provisions of s.7. Inspite of the alleged non-action on the part Subdivisional Land & Land Reforms Officer, the petitioner chose not to lodge any appeal, but to give a lawyer's notice dated January 25, 2011 to the Principal Secretary of the Government of West Bengal. The petitioner initiating proceedings under the Right to Information Act was supposed to take the proceedings forward in terms of the provisions of the Act. Instead of doing it, he chose to move this Court making an incorrect statement in para.20. Paragraph 20 of the petition is quoted below: "20. Your petitioner has no other alternative, adequate and efficacious remedy but to move this Hon ble Court and the prayers made herein if granted will give your petitioner full and complete relief."
(3.) It is not the case that for disclosed reasons the petitioner has chosen not to lodge any appeal under s.19. He is seeking a mandamus commanding the Sub-divisional Land & Land Reforms Officer, Burdwan Sadar (North) to supply him the information on the basis of his application under s.6. He wanted information concerning a certificate his father-in-law allegedly submitted while taking employment. What he is seeking is that he is inviting this Court to exercise the appellate power under s.19 of the Act. This is a frivolous petition brought making incorrect and misleading statements.;