The Amarjyoti Sahkari Gruhnirman ... vs The State Information ...
2017 Latest Caselaw 2224 Bom

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                                                          wp4499.09.odt

   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR


                   Writ Petition No.4499 of 2009


  The Amarjyoti Sahkari Gruhnirman
  Sanstha (Regd. No.NGP/HSG/291
  of 1968),
  through Shri Bihari Laxman Meshram,
  Secretary, After Motha Indora,
  Nara Road, Nagpur0440 014,
  Tah. & Distt. Nagpur.                            ... Petitioner

       Versus

  1. The State Information Commissioner,
     Nagpur Bench, Nagpur,
     Tah. & Distt. Nagpur.

  2. Shri Anil s/o Pralhad Durge,
     Aged about : Major,
     Occupation - Business,
     R/o Amarjyoti Nagar,
     Near Bhim Chowk,
     Nara Road,
     P.O. Jaripatka,
     Nagpur-440 014,
     Tah. & Distt. Nagpour.

  3. Shri Pravin Wankhede,
     Aged about : Major,
     Occupation - Service,
     First Appellate Authority and
     Deputy Registrar,
     Co-operative Societies,
     (City-I), 185, Ayurvedic Layout,




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        Bhande Plot Chowk, Umred Road,
        Nagpur, Tah. & Distt. Nagpur.                  ... Respondents



  Shri   K.L.   Dharmadhikari,   Assistant   Government   Pleader   for 
  Respondent Nos.1 and 3.


               Coram : R.K. Deshpande, J.

Dated : 2nd May, 2017

Oral Judgment :

1. This petition challenges the orders dated 17-10-2008

and 24-10-2008 passed by the respondent-authorities under the

Right to Information Act, 2005. The learned Assistant

Government Pleader for the respondent Nos.1 and 3 has invited

my attention to the judgment of this Court in the case of Dr.

Panjabrao Deshmukh Urban Co-operative Bank Ltd., Amravati v.

State Information Commissioner, Vidarbha Region, Nagpur,

reported in 2009 (3) Mh.L.J. 364, holding that the Right to

Information Act, 2005 is not applicable to the Co-operative

Society, which is being run without any financial aid from the

State Government.

wp4499.09.odt

2. In view of the aforesaid judgment of this Court, the

orders impugned in this petition are required to be quashed and

set aside, as there is nothing on record to show that the

petitioner-Society was receiving any grant-in-aid from the State

exchequer.

3. In the result, the petition is allowed. The impugned

orders dated 17-10-2008 and 24-10-2008 passed by the

respondent-authorities under the Right to Information Act, 2005,

are hereby quashed and set aside. The application filed before

the authorities concerned seeking information under the said Act,

is hereby dismissed.

4. Rule is made absolute in above terms. No order as to

costs.

JUDGE.

Lanjewar