Public Information Officer (Pio), Goa ... vs B.D. Mote
2025 Latest Caselaw 2312 Bom

Bombay High Court

Public Information Officer (Pio), Goa ... vs B.D. Mote on 14 August, 2025

2025:BHC-GOA:1512                              31-WP-335-25.DOC
2025:BHC-GOA:1512




                Suchitra



                            IN THE HIGH COURT OF BOMBAY AT GOA

                                        WRIT PETITION NO.335/2025

                    PUBLIC INFORMATION
                    OFFICER (PIO), GOA
                    FOREST DEPARTMENT
                    North Goa Division,
                    Ponda Goa.                                           ... PETITIONER

                        Versus

                    B. D. MOTE, aged 53 years,
                    Resident of House no.91,
                    Bhedshiwada, Bhuipal,
                    Honda, Sattari Goa.
                                                                          ... RESPONDENT

                    Mr P. Arolkar, AGA for the Petitioner.
                    Ms Kalpa Govekar, Advocate for the Respondent.

                                      CORAM:            VALMIKI MENEZES, J.

                                      DATED:            14th AUGUST 2025

                    ORAL JUDGMENT :

1. Registry to waive objections and register the matter.

2. Rule. Rule is made returnable forthwith at the request of and with the consent of the learned counsel for the parties.

3. Memo is placed on record recording that the respondent has inspected the concerned ile in terms of order dated 16.07.2025 of this Court. he memo also records that the respondent had recorded that there is no requirement of any documents from the said ile. Ms Kalpa Govekar, learned

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31-WP-335-25.DOC

advocate appearing for the respondent submits that there is in fact no document such as "Beat Map of Bhuipal village" as requested by the respondent in his original application under Right to Information Act dated 15.02.2024 iled before the Information Oicer.

4. Considering this fact, and the document sought by the respondent does not actually exist in the ile, the impugned order dated 18.03.2025 would necessarily have to be quashed and set aside, so also the directions therein in clauses (b), (c) and (d) at paragraph 12 thereof which direct the PIO to provide the copy of a document which does not physically exist in the concerned ile, as is conirmed by the respondent now. Further directions contained in the impugned order directing the Chief Secretary of the State of Goa to conduct an inquiry would also not arise in the light of the indings given above.

5. Rule is made absolute in terms of prayer clause (a) of the petition which reads as under:-

"a) For a writ of certiorari or any other appropriate writ, order or direction in the nature of certiorari or for any other appropriate order, writ or direction under Article 227 of the Constitution of India, calling for the records underlying the impugned order dated 18/03/2025 passed by the Goa State Information Commission in Appeal no.

162/2024/SIC at Annexure A and for quashing and setting aside the said impugned order dated 18/03/2025 passed by the Goa State Information Commission in Appeal no.

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162/2024/SIC, after examining the same for its legality and propriety."

6. he petition is disposed of in the above terms. No cost.

VALMIKI MENEZES, J.

14th August 2025