WPMS/1273/2021
2021 Latest Caselaw 2295 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 7TH DAY OF JULY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1273 of 2021
BETWEEN:

Poonam Joshi & others                 ...Petitioners
     (By Mr. Deep Chandra Joshi, Advocate)

AND:

Uttarakhand Information Commission
& others                        ...Respondents

     (By Mr. Devesh Ghildiyal, learned Brief Holder for the
     State of Uttarakhand)

                      JUDGMENT

1. By means of this writ petition, petitioners have sought following relief:-

(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the official respondents to not to supply any private information pertaining to the petitioner to any third party without following the procedure laid down under the RTI Act 2005.

2. The relief, as claimed in the writ petition, cannot be granted.

3. Even otherwise also, writ of mandamus cannot be issued in a case where petitioners have not approached the Competent Authority before filing writ petition.

4. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioners to approach

the appropriate Authority. If petitioners make a representation before the appropriate Authority, the same shall be considered, in accordance with law.

(MANOJ KUMAR TIWARI, J.) Aswal