P.PRAVEEN KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed seeking a writ of mandamus declaring the inaction of the respondents No.3 and 4 in implementing the orders passed by the respondent No.2 in Appeal No.6303/SIC-MNR/2021 dtd. 24/8/2021 in spite of the letter of the 5th respondent bearing Lr.No.A3/13542/2021 dtd. 23/11/2021 in response to the written representation of the petitioner dtd. 8/11/2021 as illegal and arbitrary.

(2.) Brief facts leading to the filing of the present Writ Petition are that the petitioner has sought for certain information under Sec. 6(1) of the Right to Information Act, 2005 vide application dtd. 2/2/2021 before the 4th respondent, but the same was not furnished. Therefore, the petitioner filed an Appeal before the First Appellate Authority i.e. Respondent No.3. Since, there was no response from the First Appellate Authority i.e. Respondent No.3 also, the petitioner filed Second Appeal before the Telangana State Information Commission i.e. the 2nd respondent herein. The 2nd respondent vide orders dtd. 24/8/2021 directed the Public Information Officer - the 4th respondent herein to furnish the complete information to the appellant within a period of one (01) week through registered post with acknowledgment due and to report compliance to the Commission. However, since no information was furnished by the 4th respondent even thereafter, the present Writ Petition is filed.

(3.) During the pendency of the Writ Petition, the respondent No.4 has issued a memo dtd. 21/9/2021, requiring the petitioner to pay a sum of Rs.18,35,680.00 (Rupees Eighteen Lakhs Thirty Five Thousand Six Hundred and Eighty) only for furnishing of the information sought for by him. Learned counsel for the petitioner submits that the petitioner has sought information either in paper form or in the form of a CD or DVD, but the 4th respondent has issued the memo dtd. 21/9/2021 for issuance of the information in paper form only. Learned counsel for the petitioner has also filed a copy of the G.O.Ms.No.454 dtd. 13/10/2005. On perusal of the same, it is noticed that it relates to the rules for issuance of the information sought for under the Right to Information Act, 2005. Rule 4 prescribes the fee to be charged for providing information with regard to the priced material and other than priced material and sub-rule (iv) of Rule 4(B) prescribes the fee to be collected for furnishing the required information in electronic format viz.,Floppy, CD or DVD. He submits that the petitioner has sought for information even in CD or DVD form and therefore he requested that the respondents may be directed to furnish the information in the electronic format, by collecting the prescribed fee.