Central Information Commission
Kishan Nathu Ghutiya vs Ut Of Dadra And Nagar Haveli And Daman And ... on 12 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DNHDU/A/2024/110768
Kishan Nathu Ghutiya .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
O/O THE CPIO UT OF DADRA AND
NAGAR HAVELI AND DAMAN AND
DIU (REVENUE DEPARTMENT),
MINI COLLECTORATE,
KHANVEL-396230. .... ितवादीगण /Respondent
Date of Hearing : 27.08.2025
Date of Decision : 11.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 27.10.2023
CPIO replied on : Not on record
First appeal filed on : 29.11.2023
First Appellate Authority's order : 07.02.2024
Compliance of FAA order : 22.02.2024
2nd Appeal/Complaint dated : 05.04.2024
Information sought:
1. The Appellant filed an RTI application dated 27.10.2023 (offline) seeking the following information:Page 1 of 5
"Order dated 21/04/1979 passed by LRO whereby allotted land bearing Survey no. 104/2 admeasuring about 0.06 Are and subsequently Mutation Entry no. 613 and Panchnama / Report of the same.
Please inform and provide information and documents in support thereof discloses order dated 21/04/1979 passed by the LRO whereby allotted land bearing Survey no. 104/2 admeasuring about 0.06 Are and subsequently Mutation Entry no. 613 and Panchanama / report filed therein by the Talati of Amboli. Copy of the order dated 21/02/1979 passed by the LRO is enclosed herewith for your kind perusal."
2. Not having received any response from the CPIO, the appellant filed a First Appeal dated 29.11.2023. The FAA vide its order dated 07.02.2024, held as under:
"AND WHEREAS, the appellant filed an Appeal under Section 19(1) of the Right to Information Act, 2005 against the Public Information Officer dated 29/11/2023;
AND WHEREAS, a hearing was called on 02/01/2024, 16/01/2024 and 06/02/2024 where on the appellant and the representative of PIO were present. The applicant submitted that proper information has not been provided by the PIO.
THEREFORE, in view of the above, the PIO is hereby directed to provide copies of the requested documents/ information to the appellant.
Hence, the appeal is disposed of accordingly."
3. In compliance of the FAA order, the CPIO furnished a reply to the Appellant on 22.02.2024 stating as under:
"In pursuance of the above subject with respect to state that. Dated:
27/10/2023 as stated in RTI application (RTI) has sought certified copy of Note No. 613 of land bearing Survey No. 104/2 at Village Kherdi, which is available in the office Information Page no. 01 to 11 enclosed herewith, for which a fee of Rs.22/- (Digit: Rupees twenty-two in full) may be obtained from the office herewith attested copies."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 2 of 5Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent: Shri Bhavesh Patel, Tehsildar/PIO, appeared through video conference.
5. Proof of having served a copy of Second Appeal/complaint on respondent while filing the same in CIC on 05.04.2024 is available on record.
6. The Appellant inter alia submitted that the information furnished was incomplete and misleading. He reiterated that the order dated 21.04.1979 and subsequent mutation entry had been tampered with and wrongly recorded as inheritance entry in 2008 with mala fide intention. He stated that despite repeated attempts, the correct record has not been provided.
7. The respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 22.08.2025 stating complete facts of the case and requested the Commission to place the same on record, copy of the same was sent to the appellant. The relevant paras of the written submission are reproduced as under:
➤ "An application dated 27/10/2023 was received from Shri Kishan Nathu Ghutiya regarding obtaining information under Right to Information Act, 2005 that "Provide information and documents in support thereof discloses order dated 21/04/1979 passed by the LRO whereby allotted land bearing survey No.104/2 admeasuring 0-06.00 Hect and subsequently mutation entry No.613 and Panchanama/report filed therein by the Talati of Amboli".
➤ The Deputy Collector (LR), Dadra and Nagar Haveli, Silvassa has issued Order vide No. DCLR/Acctts/Compensation/77-78 dated 21/04/1979 to Shri Barkia Jivla Mahla resident of village Kherdi, D&NH to pay the compensation of Rs.6.48 (Rupees Six and Forty Eight Paisa Only) in full/4 equal installments immediately.
➤ However, the above said Order dated 21/04/1979 was issued from DC (LR) Office for payment of the compensation of Rs.6.48 (Rupees Six and Page 3 of 5 Forty Eighty Paisa Only). Hence, no such Mutation Entry regarding order for payment of compensation for allotment of land have been recorded/carried out in the Revenue Record in the Talati Office, Amboli. Therefore, this Office has issued letter vide No. RD/RTS/RTI/779(3056)/2023/1918 dated 27/11/2023 to applicant Shri Kishan Nathu Ghutiya resident of village Kherdi (Maragpada), Dadra and Nagar Haveli to inform that the department of Mamlatdar is unable to provide the said documents.
➤ Further, the applicant Shri Kishan Nathu Ghutiya resident of village Kherdi (Maragpada), Dadra and Nagar Haveli have filled appeal before the Appellant Authority under Section 19(1) of the Right to Information Act, 2005 against the Public Information Officer dated 29/11/2023.
➤ Accordingly, the Hearing was called on 02/01/2024, 16/01/2024 and 06/02/2024 by the Appellant Authority/Collector, Dadra and Nagar Haveli and passed the Order vide No. RTI Appeal No.44/2023/Coll./M'dar (K)/323 dated 07/02/2024 with a direction to PIO to provide copies of the requested documents/information to the appellant Shri Kishan Nathubhai Ghutiya.
➤ Moreover, the Mamlatdar (K)/ΡΙΟ, Khanvel has provided information/documents to the applicant/appellant by free of cost for the copy of Mutation Entry No. 613 along with copy of all proceeding documents (Tumar) of Varsai in reference to the said M.E. with containing 11 pages vide letter No. RD/RTS/RTI/779(3056)/2023/340 dated 22/02/2024."
Decision:
8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observed that the PIO has complied with the FAA's order and furnished the available information/documents. The Appellant's grievance essentially pertains to the correctness of land records and alleged mala fide action of local officials, which falls outside the scope of adjudication under the RTI Act.
9. The RTI Act provides access to "information" held with a Public Authority but does not confer the jurisdiction to adjudicate disputes relating to land ownership, mutation entries, or correctness of records. Such grievances may appropriately be pursued before the competent civil/revenue authorities.Page 4 of 5
10. In view of the above, the Commission finds no further scope of intervention under the RTI Act. The Appellant's grievance is beyond the jurisdiction of this forum and may be raised before the appropriate forum.
The appeal is dismissed accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
FAA UT OF DADRA AND NAGAR HAVELI AND DAMAN AND DIU COLLECTORATE, FIRST FLOOR, DISTRICT SECRETARIAT, SILVASSA - 396230.Page 5 of 5
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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