Central Information Commission
Suresh Chander vs Revenue Department Ut Of J & K on 8 August, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/RDUJK/A/2024/638742
Shri Suresh Chander ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Revenue Department, UT of J & K ...प्रनतवािीगण /Respondent
Date of Hearing : 06.08.2025
Date of Decision : 06.08.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 15.02.2024
PIO replied on : 15.03.2024
First Appeal filed on : 12.04.2024
First Appellate Order on : 07.06.2024
2ndAppeal/complaint received on : 30.08.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 15.02.2024 seeking information on the following points:-
1. "That how much land falls in khasra no. 990 situated at Hiranagar and who is in possession over the same with full particulars of persons who are in possession alongwith Aks Tatima Shajra of each portion since prior to April 2022.
2. That where and in which khasra no. the plinth is filled by Rajinder Singh S/o Sh. Jawala Singh R/o Ward no. 5 Hiranagar and also the distance of the said filled plinth from the khasra no. 990 situated at village Hiranagar,
3. That if any plinth is found filled in khasra no. 990 then issue Akas Tatima Shajra.
4. That kindly provide me the information regarding the status of land which is adjacent toward the northern side of Dusshera Ground Hiranagar and western side of link road leading towards Dusshera Ground to Gujjar Basti Rakh Sarkar village Hiranagar."
The CPIO, Revenue Department UT of J & K vide letter dated 15.03.2024 replied as under:-
1. "Khasra No 990 of Village Hiranagar is measuring 14 kanal 08 marlas (1.
990min 9 Kanal 18 marlas 2. 990min 3 Kanal 3. 99.min 1Kanal 10 Marlas). Other information related to khasra No 290 is available on LIRS Portal.
Page 1 of 32. The information belongs to 3rd Party as in the above said khasra No. your ownership is rot found as per record.
3 Same as para no.2.
4. All the record is available on LIRS Portal."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 12.04.2024. The FAA vide order dated 07.06.2024 stated as under:-
"Upon careful perusal of the submissions and facts presented, it is observed that the CPIO, Tehsildar, Hiranagar has provided specific and satisfactory information in response to the queries raised by the appellant in the RTI application, as evidenced by the replies dated 15th March 2024 and 8th May 2024.
Further, it is noted that the remaining information sought by the appellant would require the creation of new information or the drawing of inferences and assumptions, which is beyond the scope of the RTI Act, 2005, as upheld in the case of Central Board of Secondary Education & Anr. vs. Aditya Bandopadhyay & Ors., (2011) where the Hon'ble Supreme Court held that "the RTI Act does not cast an obligation upon the public authority to create information or to interpret information."
In view of the above observations the appeal stands disposed of and ordered accordingly."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Respondent has submitted a written submission dated 02.08.2025 reiterating the above facts, as already discussed above the reply sent by the PIO, and duly upheld by the FAA.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: spoken on telephone Respondent: Shri Anoop Kumar - Tehsildar, Hiranagar was present through video conference during hearing.
The Appellant denied having received notice for today's hearing. Respondent stated that information available on record and permissible to be disclosed under the RTI Act had been duly furnished to the Appellant, in terms of the RTI Act. The Respondent further apprised the Commission that the Appellant has a dispute with a third party and he had sought information pertaining to the land of the third party through the RTI Application, which could not be furnished being exempt under Section 8(1)(j) of the RTI Act. In view of the dispute between the parties, the Respondent-Tehsildar:
Hiranagar had also visited the parcel of land which was the genesis of the dispute to resolve the issue amicably and during the course of his visit two days' back he had reminded the Appellant about this hearing scheduled at the Commission.
Decision:
Perusal of records of the instant case reveals that the Respondent had furnished information available on records, as defined under Section 2(f) of the RTI Act, and as Page 2 of 3 permissible under the provisions of the Act. The Respondent is directed to furnish a copy of the written submission dated 02.08.2025 filed before the Commission, discussed hereinabove, within two weeks of receipt of this order. The Respondent must also submit a compliance report in this regard before the Commission within a week thereafter.
Since the response and the written submission submitted by the Respondent are found legally appropriate and well within the precincts of the RTI Act, no further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)