Unknown vs And
2021 Latest Caselaw 500 Ori

                                    W.P.(C) No. 32948 of 2020




                                      W.P.(C) No. 32948 of 2020
                                                 And
                                       I.A. No. 14296 of 2020

03.   13.01.2021           The       matter   is   taken   up    through   video
                   conferencing.
                           Heard Mr. A.K. Choudhury, learned counsel for the
                   petitioner and Mr. J. Katikia, learned Addl. Government
                   Advocate.
                           The petitioner has filed this writ petition seeking to
                   quash the letter no.2493 dated 05.11.2020 issued by the
                   Public Information Officer, ARCS, Bhadrak Circle directing
                   the petitioner to provide information under the Right to
                   Information Act, 2005.
                           Mr. A.K. Choudhury, learned counsel for the
                   petitioner contended that the provisions contained under
                   the Right to Information Act, 2005 is not applicable to the
                   cooperative societies. It is contended that even though
                   opposite party no.6 applied for information that cannot be
                   supplied to him under the Right to Information Act, 2005
                   in   view   of    the   judgment   of   the   apex   Court   in
                   Thalappalam Service Cooperative Bank Ltd. v. State
                   of Kerala, 2013 AIR SCW 5683. It is further contended
                   that similar question has also considered by the State
                   Information Commissioner vide Annexure-5, by which it
                   has been stated that the society is not a public authority
                   so as to attract the provisions of RTI Act. Thereby, the
                   direction given by the Public Information Officer to provide
                   information to opposite party no.6 in Annexure-1 cannot
         sustain in the eye of law.
                Issue notice to the opposite parties.
                Four extra copies of the writ petition be served on
        learned State Counsel appearing for opposite parties no.1,
        2, 4 and 5 within three days enabling him to obtain
        instructions or file counter affidavit.
                Steps for service of notice on opposite parties no.3
        and 6 by registered post with A.D. be taken within three
        days. Office shall send notice to the said opposite parties
        fixing an early returnable date.
                 As an interim measure, it is directed that there
        shall be stay operation of Annexure-1 dated 05.11.2020
        till 08.02.2021.


                                            ...............................

Ashok (DR. B.R. SARANGI) JUDGE