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Central Information Commission

Raja Muzaffar Bhat vs Ut Of Jammu And Kashmir on 16 July, 2021

                                 के ीय सूचना आयोग
                        Central Information Commission
                             बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                         नई द ली, New Delhi - 110067

िशकायत सं या / Complaint No.           CIC/UTOJK/C/2020/114708

Shri Raja Muzaffar Bhat                                   िशकायतकता /Complainant
                                   VERSUS/बनाम

PIO                                                       ... ितवादीगण /Respondent
O/o Tehsildar, Pahalgam

Date of Hearing                        :    13.07.2021
Date of Decision                       :    16.07.2021
Chief Information Commissioner         :    Shri Y. K. Sinha

Relevant facts emerging from appeal:

  Case      RTI Filed     CPIO reply       First appeal      FAO       2 nd Appeal
   No.         on                                                     received on
 114708    30.01.2018          -                -              -      22.05.2019

Information sought

and background of the case:

The Complainant filed an RTI application dated 30.01.2018 seeking information on point:-

Having not received any response from the PIO, the Complainant approached the State Information Commission, J&K with the instant Complaint and the same was heard by the SIC vide File No. SIC/K/SA/Comp/21/2018 dated 13.06.2019. During the hearing, the Naib Tehsildar Pahalgam claimed that he had not received the RTI application which was handed over to him during the hearing. The matter was adjourned with the direction to the PIO/Teshildar, Pahalgam to inform the appellant as well as the Commission with regard to the latest status of enquiry entrusted to him by O/o Dy. Commissioner, Anantnag with regard to dispute related to land measuring 4 Kanals and 4 Marlas bearing Khasras No. 31 at estate Laripora Pahalgam within two weeks.

In compliance with the order of the SIC, J& K, the PIO/Revenue Department vide letter dated 14.06.2019 replied as under:-

Facts emerging in Course of Hearing:

A written submission has been received from the Tehsildar, Pahalgam, vide letter dated 08.07.2021 wherein in addition to the replies provided to the Complainant it was stated that their office received communications dated 08.11.2017 and 13.11.2017 from the Court of Additional Dy Commissioner/ Commissioner Agrarian Reforms, Anantnag regarding remand of mutation order no 1353 of Laripora which was complied with by the Tehsildar, Pahalgam in January, 2018.

The details were communicated to the Appellant in response to his second RTI application.

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.

The Complainant participated in the hearing through audio conference. While acknowledging the receipt of the information, he stated that a substantial delay has occurred since the filing of the application hence penal action as per the provisions of the RTI Act, 2005 should be initiated against the erring officials.

The Respondent represented by Shri D R Hussain PIO and Tehsildar, Pahalgam participated in the hearing through audio conference. He stated that the RTI application was not received by them initially. However, after the receipt of the application during the earlier hearing before SIC, J&K, they had provided the information vide letter dated 14.06.2019 wherein they provided the updated status pertaining to the dispute related to land measuring 4 Kanals and 4 Marlas bearing Khasras No. 31 at estate Laripora Pahalgam.

Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission at the outset observes that the instant matters are complaints filed under the RTI Act, 2005 where the Commission is only required to examine if there is any malafide intent or denial of information due to any unreasonable cause on the part of the PIO. The Commission is satisfied with the explanation offered by the Respondent during the hearing and does not find any ground to initiate any action u/s 20 of the RTI Act, 2005. Furthermore, it is also Page 2 of 3 observed that the information has also been provided in compliance with the earlier order of the SIC J&K dated 14.06.2019. Hence, no further intervention of this Commission is required in this matter.

With the above observations, the instant Complaint stands disposed off accordingly, Y. K. Sinha ( वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3