(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard learned counsel Mr.Devang Lathigara for the appellant. Since the appeal of the appellant is pending before the authority and is yet not been decided, no useful purpose would be served to issue notice to the respondents and, therefore, we have taken up this appeal for final disposal today itself.
2. The petitioner filed an application on 25.6.2009 under the Right to Information Act, 2005, seeking three informations as mentioned at Annexure "D" to the petition. The District Development Officer, being the authority to provide information under the Right to Information Act, 2005, by his letter dated 24.9.2010 did not provide the information asked for the petitioner, and as a matter of fact, the information given by him was no information at all. Meanwhile the petitioner has also filed an appeal before the respondent No.1. None of the appeals of the appellant have been decided. Since we direct the District Development Officer to decide the appeal of the appellant within two weeks and it shall be open for the respondent authority to pass orders under Section 20 of the Right to Information Act, 2005, and therefore, the order of the learned Single Judge dated 18.01.2012 passed in Special Civil Application No.18636 of 2011 cannot be maintained.
3. With the aforesaid observations and directions, the appeal stands disposed of. The judgment of the learned Single Judge dated 18.1.2012 is set aside. No order as to costs. Direct service is permitted.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top