Dr. Susy Kuriakose vs Minister Of Law Thr Secretary And ...
2024 Latest Caselaw 13923 Bom

Bombay High Court

Dr. Susy Kuriakose vs Minister Of Law Thr Secretary And ... on 3 May, 2024

Author: A. S. Chandurkar

Bench: A.S. Chandurkar

2024:BHC-AS:21167-DB


                                                                                      4 WP-5470-22-j.doc

 BDP-SPS-

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  BHARAT
  DASHARATH
  PANDIT

  Digitally signed by
  BHARAT
                                                 CIVIL APPELLATE JURISDICTION
  DASHARATH
  PANDIT
  Date: 2024.05.07
  16:45:48 +0530


                                                WRIT PETITION NO. 5470 OF 2022

                        Dr. Susy Kuriakose                         )
                        Flat No.6, Utkarsh, 1035                   )
                        J.A. Raul Marg, Prabhadevi                 )
                        Mumbai 400 025                             )     .... Petitioner.

                                      V/s

                        1] Minister of Law and Justice,       )
                        State of Maharashtra, Mantralaya,     )
                        Mumbai - 400 032                      )
                        Through its Secretary                 )
                                                              )
                        2] Chief Information Commissioner     )
                        Maharashtra State Information         )
                        Commissioner, Mumbai Division,        )
                           th
                        13 Floor, New Administrative          )
                        Building, Mantralaya, Mumbai-400032 )
                                                              )
                        3] Public Information Officer,        )
                        C/o. Registrar, Bhavan's Hazarimal    )
                        Somani College of Arts & Science &    )
                        Jayaramdas Patel College of Commerce, )
                        Munish Sadan, Kulapati KM Munshi      )
                        Marg, Chowpatty, Mumbai - 400007      )
                                                              )
                        4] First Appellate Authority          )
                        C/o. Principal, Bhavan's Hazarimal    )
                        Somani College of Arts & Science &    )
                        Jayaramdas Patel College of Commerce, )
                        Munshi Sadan, Kulapati KM Munshi      )
                        Marg, Chowpatty, Mumbai 400007        )        ..... Respondents.



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-----
Mr. Ashwin Vasista, Advocate for the Petitioner.
Mr. B.V. Samant, Addl. G.P. a/w Mr. N.K Rajpurohit for Respondent
No.1/State.
------
                 CORAM: A.S. CHANDURKAR &
                                     JITENDRA JAIN, JJ.

                          DATE:      3rd May, 2024

ORAL JUDGMENT: (A. S. Chandurkar, J.)

1] Considering the nature of directions that are proposed to be issued, service on Respondent Nos. 2 to 4 is dispensed with.

2]     Rule. Rule is made returnable forthwith.


3]     The      learned        Assistant   Government     Pleader      appears         for
Respondent No.1.


4]     In proceedings under the Right to Information Act, 2005, the

petitioner had sought information which was directed to be supplied by the order dated 12/11/2018 passed by the Commissioner, State Information Commission, Mumbai.

5] Since the requisite information was not supplied, the Petitioner has made a complaint under Section 18 of the Act of 2005 on 21/12/2018. It is the grievance of the Petitioner that the said complaint has not been decided despite the fact that on 09/09/2021

4 WP-5470-22-j.doc

and 20/03/2024 a request in that regard had been made.

6] In the aforesaid facts, the Respondent No.2 - Chief Information Commissioner, Maharashtra State Information Commission is directed to consider the Petitioner's complaint dated 21/12/2018 which is numbered as Complaint No.4 of 2019 on its own merits in accordance with law and decide the same within a period of three months on receipt of copy of this order. The Petitioner to furnish copy of this order in the office of Respondent No.1.

7] Rule is disposed of in aforesaid terms with no order as to costs.

[ JITENDRA JAIN, J. ]                      [ A.S. CHANDURKAR, J.]