IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.49800 OF 2018 WRIT PETITION NOS.52128-130 OF 2018 (GM-RES) BETWEEN:
1. THE KARNATAKA BADMINTON ASSOCIATION NO.4 JASMA BHAVAN ROAD MILLER TANK BED AREA BANGALORE-560 052 REP BY ITS SECRETARY 2. MR.RAJESH S/O N PURUSHOTHAM AGED ABOUT 45 YEARS NO.4 JASMA BHAVAN ROAD MILLER TANK BED AREA BANGALORE – 560 052 … PETITIONERS (BY SMT.PRASHANTHI A L, ADV. FOR SRI.G JAIRAJ, ADV.) AND:
1. MR.S RAGHU FATHER’S NAME NOT KNOWN AGED ABOUT 50 YEARS RESIDING AT NO.14 S.B.I OFFICERS COLONY BASAVESHWARANAGAR BANGALORE – 560 079 2. PUBLIC RELATIONS OFFICER DISTRICT REGISTRAR’S OFFICE SHIVAJINAGAR TRUMP TOWERS 3RD FLOOR CHRUCH STREET BANGALORE – 560 001 3. THE HON’BLE KARNATAKA INFORMATION COMMISSION DEVARAJ URS ROAD OPP VIDHANA SOUDHA GATE NO.2 BANGALORE – 560 001 (BY SRI.K RAJASHEKAR, ADV. FOR R3, SRI.RAGHU S, (PARTY-IN-PERSON) R2- SERVED & UNREPRESENTED) … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD: 9.10.2018 PASSED BY THE HON’BLE KARNATAKA INFORMATION COMMISSION, BANGALORE FURNISHED HEREWITH AT ANNEXURE-A; AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Prashanthi A.L., learned counsel for Mr.G.Jairaj, learned counsel for the petitioner.
Mr.K.Rajashekar, learned counsel for respondent No.3.
Mr.Raghu S., Party-in-person The writ petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
2. In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of the order dated 26.09.2018 passed by the Karnataka Information Commission, by which the petitioner has been directed to provide information to the Party-in-person, viz., respondent No.1.
3. After arguing the matter to some extent, learned counsel for the petitioner submits that the information as sought for by the petitioner, which has been mentioned in the impugned order shall be supplied to the petitioner within a period of 15 days provided the question whether or not the Karnataka Badminton Association is the “public authority” within the meaning of Section 2(h) of the Right To Information Act, 2000 (hereinafter referred to as 'the Act' for short). The aforesaid submission is placed on record.
4. In view of the aforesaid submission, it is not necessary for this court to examine the validity of the order dated 26.09.2018 passed by the State Information Commission.
5. In view of the aforesaid submission and in view of the undertaking given by the petitioner, the petitions are disposed of with a direction that the petitioner shall supply the information as sought for by the party- in-person to him within a period of 15 days from the date of receipt of certified copy of the order passed today as contained in Annexure-A dated 26.09.2019. This Court places on record the appreciation for the able assistance and cooperation extended by Learned counsel for the petitioner in disposal of the writ petition and for saving the public time and money. Needless to state that the issue whether or not the petitioner is the “public authority” within the meaning of Section 2(h) of the Act is kept open. Needless to state that the petitioner is granted the liberty to assail the order by which fine has been imposed on the petitioner for not supplying of information by way of a separate proceeding.
With the aforesaid direction, the petitions are disposed of.
Sd/- JUDGE SS