K RAMBABU Vs. STATE OF MADHYA PRADESH, REP BY ITS PRINCIPAL SECRETARY, GOVERNMENT OF MADHYA PRADESH SECRETARIAT

JUDGEMENT

(1.) Pursuant to an office note with regard to maintainability of the writ petition before this Court, the matter is posted under the caption for orders of the Court.

(2.) In order to decide the issue of maintainability and the objection raised by the office, it would be useful to refer to the facts in issue.

(3.) The writ petitioner herein, who is a resident of Hyderabad, is said to be the Managing Director of M/s. Sasanka Infra Projects Private Limited. The 5th respondent namely Narmada Valley Development Authority, Katni, Madhya Pradesh, awarded the contract to the 4th respondent namely HES Infra Private Limited, having its registered office at Hyderabad, to execute Vijayaraghavghar Branch Canal from 0.00 to 57.170 KM and Pilongy Distributory from 0.00 KM to 7.93 KMs of Bargi Diversion Project on Turnkey basis. The said contract was sub-contracted to Sasanka Infra Projects Private Limited, of which the petitioner is a Managing Director, vide agreement dated 15.02.201 Two years later, the 4th respondent is said to have terminated the sub- contract, through a letter dated 08.09.2015. The claim made by the petitioner with the 4th respondent came to be answered saying that the said amount would be paid after the amount is received from the 5th respondent. It is urged that to initiate action against the 4th respondent, the petitioner needs some documents from the office of respondents 2 and Hence, he made an application under Right to Information Act, 2005 before the 2nd respondent ie., Public Information Officer, O/o. the Executive Engineer, Katni, Madhya Pradesh State. On 25.05.2018, the 2nd respondent is said to have dismissed the application intimating the right of the petitioner to prefer an appeal before the 3rd respondent ie., Appellate Information Officer, O/o. Executive Engineer, Katni, Madhya Pradesh State, which was also dismissed on 30.06.2018. Challenging the same, the present Writ Petition came to be filed before this Court.