IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.40086/2013 (GM RES) BETWEEN SRI A B BASAVARAJU S/O MADEGOWDANA BASAVAIAH AGED ABOUT 40 YEARS, WORKING AS SECRETARY MUDA MYSORE, MYSORE DISTRICT. ... PETITIONER (BY SRI KIRAN C.V., ADV. FOR SRI DESHRAJ, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIKASA SOUDHA, BANGALORE-560001.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF DPAR M S BUILDING, K R CIRCLE, BANGALORE-560001.
3. THE KARNTAKA STATE INFORMATION COMMISSION REPRESENTED BY THE COMMISSIONER # GATE NO.2, 3RD FLOOR, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-01.
4. SRI RAVIKUMAR S/O MADA, GUMATAPURA VILLAGE, H.NO.143, TALAVADI POST, SATTI TALUK, EROAD DISTRICT, TAMIL NADU STATE -650024. ... RESPONDENTS (BY SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 & R2, R3 & R4 SERVED & UNREPRESENTED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ISSUED BY THE THIRD RESPONDENT DATED 7.2.2013 VIDE ANN-M ETC.
THIS WRIT PETITION COMING ON FOR “PRELIMINARY HEARING IN ‘B’ GROUP”, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Kiran C.V, learned counsel for Sri Deshraj, learned counsel for petitioner.
Smt.Niloufer Akbar, Additional Government Advocate for Respondent Nos.1 & 2.
This petition is admitted for hearing. With the consent of learned Counsel for the petitioner, the same is heard finally.
2. In this petition under Article 226 and 227 of the Constitution of India, the petitioner has inter alia sought for quashing of the impugned orders issued by the third respondent dated 7.2.2013 and 1.7.2013 vide Annexure-M and N respectively.
3. The facts leading to the instant case briefly stated are that, Respondent No.4 has made an application before the petitioner while the petitioner was discharging his duty as Assistant Commissioner, Kollegala Sub-Division requesting to evict some unauthorized person in Sy.NO.47/1 of Honnegowdanahalli Village, Chandakavadi Hobli, Chamarajanagara Taluk & District. That the proceedings of eviction was initiated but, there was delay in evicting the unauthorized occupants. Thereupon, the petitioner filed an appeal before Respondent No.3 seeking compensation for delay in taking steps for eviction. Respondent No.3 by order dated 7.2.2013, directed the petitioner to pay compensation of Rs.5,000/- and thereafter by order dated 1.7.2013 directed the Commissioner, Mysore Urban Development Authority to recover the same from the salary of the petitioner. Thus, the petitioner has approached this Court.
4. Learned counsel for the petitioner submits that the impugned orders dated 7.2.2013 and 1.7.2013 per se are without jurisdiction as the provisions of Right to Information Act, 2005 are not attracted to the fact situation of the case as there was no delay on the part of the petitioner in supplying any information but, an allegation was made against the petitioner that there was delay in taking steps for eviction of unauthorized occupants.
5. On the other hand, learned Additional Government Advocate submits that Respondent No.3 is required to adhere the order which has been passed.
6. I have considered the submissions made by the learned counsel for the parties. Ultimately, Respondent No.4 has sought compensation in respect of the delay in initiating steps for eviction. Therefore, an order imposing penalty of Rs.5,000/- under the provisions of the Right to Information Act,2005 could not have been levied against the petitioner as the provisions of Right to Information Act, 2005 were not attracted to the fact situation of the case.
7. Accordingly, impugned orders dated 7.2.2013 and 1.7.2013 are hereby quashed. In the result, the petition is allowed.
Sd/- JUDGE Sk/- CT-HR