Court No. - 32
Case :- WRIT - C No. - 24261 of 2019
Petitioner :- Manoj Kumar Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Avinash Pandey
Counsel for Respondent :- C.S.C.,Kunal Ravi Singh
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the parties and perused the record.
This writ petition has been filed, inter alia, for the following reliefs :-
"(i) to issue a writ, order or direction in the nature of Mandamus commanding the respondent no.1 to decided the recall application dated 17.12.2018 filed by petitioner (Annexure No.4 of the writ petition) within stipulated period as directed by this Hon'ble court.
(ii) to issue a writ, order or direction in the nature of Mandamus commanding the respondent no.1 to provide the information in pursuance of application dated 20.12.2015 filed by petitioner (Annexure-2 of the writ petition)."
Learned counsel for the petitioner submits that petitioner has filed an appeal on 27.01.2016 before First appellate authority/ respondent no.2 under Section 19(1) of Right to Information Act, 2005 and sought information which was not provided by respondent no.2. Thereafter, petitioner has filed second appeal under section 19(3) of Right to Information Act, 2005 before respondent no.1 on 28.05.2016. It has been further submitted that due to health problem, petitioner was unable to appear before respondent no.1 and in his absence, the said appeal was decided by respondent no.1 on 30.07.2018. After receiving the information about the order dated 30.07.2018, he immediately moved recall application on 17.12.2018 before respondent no.1 stating therein that due to health and financial problem, he could not appear on 30.07.2018 and prayed that his case may be decided on merits after giving an opportunity of hearing to him. It is further submitted that recall application dated 17.12.2018 is pending before respondent no.1 be decided within stipulated time.
Considering the facts and circumstances of the case, this writ petition is finally disposed of with a direction to the petitioner to make a fresh representation before the respondent No. 2, Collector Saharanpur/Public Information Officer, ventilating his grievances within a period of three weeks from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its entire annexures and, if any such representation is made, the said authority shall make all endeavour to consider and decide the recall application of the petitioner dated 17.12.2018, in accordance with law, after giving opportunity of hearing to the parties, expeditiously preferably within a period of 30 days from the date of receipt of a certified copy of this order.
Order Date :- 25.7.2019
A. Dewal