Manoj Khanna vs State Of Uttarakhand And Others

Pankaj Purohit, J

This writ petition has been filed by petitioner under Article 226 of the Constitution of India for the following reliefs:-

(i). Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent No.3 (Public Information Officer) to supply certified copies of all ten (10) documents listed and specified in the RTI application dated 18.07.2025 to the Petitioner within a period of seven (7) days from the date of this Hon'ble Court's order, free of cost; (Annexure No.1)

(ii). Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent No.2 (First Appellate Authority) to decide and dispose of the Petitioner's First Appeal (Registration No.UTCPD/A/2025/60003) within a period of seven (7) days from the date of receipt of this Hon'ble Court's order.

Learned counsel for petitioner submits that at this stage he doesn't want to press the prayer No.(i). Accordingly, Prayer No.(i) is dismissed as not pressed.

It is contended by learned counsel for petitioner that petitioner has preferred the Appeal before the respondent No.2-First Appellate Authority against the inaction on the part of respondent No.3-Public Information Officer, whereby, petitioner has not been provided any information sought by him vide his application dated 18.07.2025. Petitioner preferred First Appeal under Section 19(1) of the Right to Information (RTI) Act, 2005 on 04.12.2025.

It is further contended by him that under Section 19(6) of the RTI Act, it is enjoined upon Appellate Authority to dispose of Appeal filed under Section 19(1) or 19(2) of the RTI Act within thirty days from the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. Section 19(6) of the RTI Act is quoted herein below:-

"19(6). An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing."

It is argued by learned counsel for petitioner that the First Appeal of the petitioner is pending since 04.12.2025 before the First Appellate Authority, which is a clear violation of the provision referred herein above, therefore, he sought a direction to respondent No.2-First Appellate Authority to decide the First Appeal (Registration No.UTCPD/A/2025/ 60003) expeditiously.

Since, the period of 45 days has already been consumed by the First Appellate Authority, therefore, this Court directs the First Appellate Authority-respondent No.2 to decide the First Appeal (Registration No.UTCPD/ A/2025/60003) of the petitioner within 15 days from the date of receipt of certified copy of this order.

Accordingly, the present writ petition is finally disposed of.