IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.43271 OF 2018(GM-RES) C/W WRIT PETITION NO.43264 OF 2018 AND WRIT PETITION NO.43272 OF 2018 In W.P.No.43271/2018 Between:
Mohammed Kabeer S/o Ibrahim Aged about 51 years, Residing at Millath Nagar, Near Bridge, Dargah Road, Ullal-575 020, Mangaluru, Dakshina Kannada District.
(By Smt. Maitreyi Krishnan, Advocate) And:
… Petitioner 1. Karnataka Information Commission, Gate No.2, III floor, MS Building, Bengaluru-560 001.
By its Commissioner.
2. Joint Commissioner of Commercial Taxes and First Appellate Authority under the Right to Information Act, 2015 DVO, Department of Commercial Taxes, Maidan Road, Mangaluru-575 001.
3. The Public Information Officer and Assistant Commissioner of Commercial Taxes and Local VAT Officer-260, Department of Commercial Taxes, Maidan Road, Mangaluru-575 001.
…Respondents (By Sri. G.B.Sharath Gowda, Advocate for R1;
Smt.Prathima Honnapura, AGA for R2 and R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order issued by the respondent No.3 dated 06.10.2016 (Placed as Annexure-B), order issued by the respondent No.2 dated 08.12.2016 (Placed herewith as Annexure-D) and order issued by the respondent No.1 dated 29.01.2018 (Placed herewith at Annexure-G) and etc.
In W.P.No.43264/2018 Between:
Mohammed Kabeer S/o Ibrahim Aged about 51 years, Residing at Millath Nagar, Near Bridge, Dargah Road, Ullal-575 020.
… Petitioner (By Smt. Maitreyi Krishnan, Advocate) And:
1. Karnataka Information Commission, Gate No.2, III floor, MS Building, Bengaluru-560 001.
Represented by its Chairman.
2. Joint Commissioner of Commercial Taxes and First Appellate Authority under the Right to Information Act, 2015 DVO, Department of Commercial Taxes, Maidan Road, Mangaluru-575 001.
3. The Public Information Officer and Assistant Commissioner of Commercial Taxes and Local VAT Officer-260, Department of Commercial Taxes, Maidan Road, Mangaluru-575 001.
…Respondents (By Sri. G.B.Sharath Gowda, Advocate for R1;
Smt.Prathima Honnapura, AGA for R2 and R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order issued by the respondent No.3 dated 06.10.2016 (Placed as Annexure-B), order issued by the respondent No.2 dated 08.12.2016 (Placed herewith as Annexure-D) and order issued by the respondent No.1 dated 29.01.2018 (Placed herewith at Annexure-G) and etc.
In W.P.No.43272/2018 Between:
Mohammed Kabeer S/o Ibrahim Aged about 51 years, Residing at Millath Nagar, Near Bridge, Dargah Road, Ullal-575 020.
(By Smt. Maitreyi Krishnan, Advocate) And:
… Petitioner 1. Karnataka Information Commission, Gate No.2, III floor, MS Building, Bengaluru-560 001.
By its Commissioner.
2. Joint Commissioner of Commercial Taxes and First Appellate Authority under the Right to Information Act, 2015 DVO, Department of Commercial Taxes, Maidan Road, Mangaluru-575 001.
3. The Public Information Officer and Assistant Commissioner of Commercial Taxes and Local VAT Officer-260, Department of Commercial Taxes, Maidan Road, Mangaluru-575 001.
…Respondents (By Sri. G.B.Sharath Gowda, Advocate for R1;
Smt.Prathima Honnapura, AGA for R2 and R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order issued by respondent No.3 dated 06.10.2016(placed as Annexure-B), order issued by respondent No.2 dated 08.12.2016 (placed herewith as Annexure-D) and order issued by respondent No.1 dated 29.01.2018 (placed herewith at Annexure-G) and etc.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Smt.Maitreyi Krishnan, learned counsel for the petitioner.
Sri.G.B.Sharath Gowda, learned counsel for respondent No.1.
Smt.Prathima Honnapura, learned Additional Government Advocate for respondent Nos.2 and 3.
2. The petitions are admitted for hearing.
With the consent of learned counsel for the parties, the same are heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for a writ of certiorari for quashment of the orders dated 06.10.2016, 08.12.2016 and 29.01.2018 passed by respondent Nos.3, 2 and 1 respectively under the provisions of the Right to Information Act, 2005 (hereinafter referred to as the ‘Act’ for short).
4. The facts giving raise to filing of the petitions briefly stated are that petitioner had filed applications before respondent No.3 under the provisions of the Act, seeking certified copy of the Registration Certificate issued under the Karnataka Value Added Tax Act, 2003, in respect of certain business concerns situated at Ullal, Mangaluru.
5. The aforesaid applications submitted by the petitioner were rejected by respondent No.3 by order dated 06.10.2016 inter alia on the ground that the information sought for by the petitioner is confidential in nature and falls within the purview of Section 11(1) of the Act.
6. Being aggrieved, the petitioner preferred appeals. The aforesaid orders were upheld by the appellate authority by orders dated 08.12.2016. Thereafter, the petitioner approached Karnataka State Information Commission. The Commission, by orders dated 29.01.2018, has maintained the orders passed by respondent No.2. In the aforesaid factual background, the petitioner has approached this Court.
7. Learned counsel for the petitioner, while inviting the attention of this Court to Rule 11 of the Karnataka Value Added Tax Rules, 2005 (herein after referred to as ‘KVAT Rules’ for short) submitted that the Certificate of Registration is to be displayed at the main place of business and additional places of business. Therefore, the aforesaid Certificates of Registration by no stretch of imagination can be said to be a confidential document. The finding recorded by the authorities under the Act that the documents in question is a confidential document is perverse and suffers from the vice of non application of mind.
8. Learned counsel for the respondent No.1 has supported the orders passed by the authorities under the Act.
9. I have considered the submissions made on both sides and perused the records.
10. Admittedly, Rule 11 of the KVAT Rules provides that the Certificate of Registration issued under the Karnataka Value Added Tax Act, 2003 is required to be affixed at the main place of business as well as additional places of business. Even otherwise, requirement of affixation of Certificate of Registration under the provisions of enactment by no stretch of imagination can be treated to be confidential information. In my view, the finding recorded by the authorities under the Act is said to be perverse. Therefore, the impugned orders dated 06.10.2016, 08.12.2016 and 29.10.2018 are hereby quashed and set aside. The applications filed by the petitioner is allowed and respondent No.3 is directed to furnish the information as sought for by the petitioner within a period of thirty days from the date of receipt of certified copy of the order passed today.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE dn/-