Karnataka High Court
Smt. S. Anees Fathima vs Sri. B.N. Shivanna on 22 July, 2024
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NC: 2024:KHC:28473
WP No. 38109 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 38109 OF 2019 (GM-RES)
BETWEEN:
1. SMT. S. ANEES FATHIMA,
PANCHAYATH DEVELOPMENT OFFICER,
CHANNENAHALLI GRAMA PANCHAYATH,
THAVAREKERE HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE URBAN DISTRICT,
BANGALORE CITY - 562130.
...PETITIONER
(BY SRI PRAKASH M. S., ADVOCATE)
AND:
1. SRI. B.N. SHIVANNA,
S/O. LATE. NAGAPPA,
Digitally AGED 55 YEARS,
signed by
VALLI No. 648, 12TH CROSS ROAD,
MARIMUTHU VTH MAIN, MC LAYOUT,
Location: VIJAYANAGAR,
High Court of BANGALORE 560040.
Karnataka
2. SRI. THIMMAIAH,
PUBLIC INFORMATION OFFICER
AND SECRETARY,
CHANNENAHALLI GRAMA PANCHAYATH,
CHANNENAHALLI MAGADI ROAD,
THAVAREKERE HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE URBAN DISTRICT-562130.
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NC: 2024:KHC:28473
WP No. 38109 of 2019
3. EXECUTIVE OFFICER,
FIRST APPELLATE AUTHORITY,
TALUK PANCHAYATH,
BANGALORE SOUTH TALUK,
BANGALORE URBAN DISTRICT-560085.
4. ADDL. SECRETARY,
KARNATAKA INFORMATION COMMISSIONER,
MAHITHI SAUDHA,
DEVARAJ URS ROAD,
VIDHANA SOUDHA WEST GATE,
BANGLAORE 560001.
5. STATE INFORMATION COMMISSIONER,
MAHITHI SOUDA,
No. 104, 1ST FLOOR,
DEVARAJ URS ROAD,
VIKASA SOUDHA WEST GATE,
BANGALORE 560001.
6. SECRETARY
DEPARTMENT OF GRAMEEN
AND PANCHAYATH RAJ ACT,
M.S. BUILDING,
DR.B.R. AMBEDKAR VEEDHI,
BANGALORE 560001.
...RESPONDENTS
(BY SRI NAGENDRA KUMAR, K., ADVOCATE FOR R1;
SRI RAJASHEKAR K., ADVOCATE FOR R4 & R5;
R2 & R3 ARE SERVED AND UNREPRESENTED
SRI S.H. RAGHAVENDRA, AGA FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ANNEXURE-A THE ORDER PASSED VIDE ANNEXURE-A
PASSED BY THE R-5 STATE INFORMATION COMMISSION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
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NC: 2024:KHC:28473
WP No. 38109 of 2019
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND) The respondent No.1 filed an application on 27.02.2018 seeking information relating to land bearing Survey Nos.161, 162, 163 and 164 of Kurubarahalli Village, Tavarekere Hobli, Bengaluru South Taluk. The information was in respect of illegal kathas being made in the layout formed. The petitioner issued a reply dated 15.03.2018 stating that the information is relating to Narasimhamurthy which cannot be issued without his consent.
2. Respondent No.1 preferred appeal before First Appellate Authority which is allowed. The respondent No.1 preferred appeal under Section 19(3) of the Right to Information Act, 2005 (hereinafter referred to as 'RTI' for short). The State Information Commission levied cost of Rs.10,000/- on the petitioner.
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NC: 2024:KHC:28473 WP No. 38109 of 2019
3. Sri Prakash M.S., learned counsel for the petitioner submits that the information requested in the application was not available in the office of the petitioner. Further, the said information is relating to the third person, without consent of the third party, such information cannot be issued under the RTI. The petitioner has acted bonafidely and there was no intention to disobey the mandate of the RTI Act.
4. Learned counsel appearing for respondent No.1 submits that the petitioner in response to the application stated that the information is relating to third party. However, in compliance of the directions issued by the State Information Commission, partial information was provided to respondent No.1. It is further submitted that the levy of penalties for not providing information within the time line provided under the RTI Act.
5. Learned counsel appearing for respondent Nos.4 and 5 submits that the penalty of Rs.10,000/- has been ordered by State Information Commission due to -5- NC: 2024:KHC:28473 WP No. 38109 of 2019 delay and incomplete information provided under Section 20 of the RTI Act.
6. Sri. S.H. Raghavendra, learned Additional Government Advocate appears for respondent No.6.
7. Heard learned counsel for the parties.
8. Respondent No.1 has filed an application dated 15.03.2018 seeking certain information. The said application was replied by the petitioner stating that the information is relating to third party, without consent of third party, information cannot be provided. It is to be noticed that when appeal was preferred before respondent No.5-commission, a direction was issued on 05.02.2019 to the petitioner to provide information. The said direction was not complied. Further direction was issued by order dated 01.03.2019 to furnish information to respondent No.1. Respondent No.5 has passed final order on 01.04.2019. Respondent No.1 has held that the petitioner has failed to provide information within the time frame -6- NC: 2024:KHC:28473 WP No. 38109 of 2019 under Section 7(1) of the RTI Act, invoking Section 20 of the Act levied penalty of Rs.10,000/-.
9. The petitioner has contended that the information requested in the application was not available. However, contrary to the submission, the endorsement states that the information is relating to third party and the same cannot be issued without his consent. To resolve the dispute, respondent No.5 has passed interim direction on 05.02.2019 to furnish information. Further direction was issued on 01.03.2019. Both the directions are not complied by the petitioner.
10. The petitioner being the Information Officer has a duty to provide information available in the office or to issue appropriate reply within the time frame. Respondent No.5 has levied penalty only for delay in providing information. The seriousness and obligation of the petitioner to abide by the provisions of the RTI can be noticed from non-compliance of the order dated -7- NC: 2024:KHC:28473 WP No. 38109 of 2019 05.02.2019 and 01.03.2019 issued by the State Information Commission.
11. In the light of the above discussion, this Court is not inclined to interfere with the order impugned. Accordingly, writ petition is dismissed.
Sd/-
(K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 12