Central Information Commission
Manohar Nath Pandit vs Ut Of Jammu And Kashmir on 22 January, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग , मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2023/110992
Shri Manohar Nath Pandit ...
अपीलकताा /Appellant
VERSUS/बनाम
PIO, ...प्रद्वतवादीगण
UT of Jammu and Kashmir /Respondent
Date of Hearing : 09.01.2025
Date of Decision : 20.01.2025
Chief Information : Shri Heeralal Samariya
Commissioner
Relevant facts emerging from appeal:
RTI application filed on : 16.03.2022
PIO replied on : - -
First Appeal filed on : 05.05.2022
First Appellate Order on : - -
2ndAppeal/complaint received on : 03.03.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 16.03.2022 seeking information on following points:-
i) "Information about action taken in Representation dated 12-02-2021 Addressed to the Nodal Officer, Migrant Immovable Properties (Addl. Deputy Commissioner), Anantnag (Kmr).
ii) Information about encroacher, Ghulam Hassan Lone S/o Habibullah Lone R/o Sirhama about his eviction from illegal possession of land in question measuring 01 Kanal under Khasra No.1602.
And information in case the encroacher is evicted from the land and taken under the control of Nodel Officer, Anantnag.
iii) Information about as to under which rule and Agrarian Reforms Act., Tehsildar Srigufwara has been brought under the provisions of Agrarian Reforms Act.1976 whereunder Lakhman Bhat son of Mahdev Bhat R/o Sirhama has been declared as prospective owner under Sec.4 of Agrarian Reforms Act under sec.4 by virtue of Mutation No.1106(Sec.4), when said Lakhman Ahat s/o Mahdev Bhat died Just beginning of migration at Sirhama
iv) Information under which order and norms Tehsilda Srgufwara Rs.
20,784 were calculated and recovered as per direction mentioned by the Tehsildar, Srigufwara in his letter No.TSGW/Misc/21-22/572 Page 1 dated 15-11-2021 addressed to N.O Migrant Immovable Properties. And information purpose of amount so calculated and to whom the same has been disbursed, and from whom recovered. Provide complete information in this regard.
v) Information under which circumstances The Tehsildar Srogufwara has mentioned that Lakhman Bhat would have given authority some one else to occupy the land, when as a matter of fact Lakshman Bhat expired in 1991 AND that' Owner and tiller relations were intact." Information be provided as to under which circumstances the Tehsildar Srigufwara has presumed SO.
vi) And other related information."
Dissatisfied with the non-receipt of information received from the CPIO, the Appellant filed a First Appeal dated 05.05.2022 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant:Absent Respondent: Shahzad Pervez Ahmed Khan, Tehsildar The Submissions were heard. Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by the CPIO. No action lies. The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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