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SCA/13088/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13088 of 2010
=========================================================
JAGDISH
HARJIBHAI BHITORA - Petitioner(s)
Versus
PUBLIC
INFORMATION OFFICER & 2 - Respondent(s)
=========================================================
Appearance
:
MR
VIRAL V DAVE for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 11/10/2010
ORAL
ORDER
Heard
learned advocate Mr.Viral
Dave appearing on behalf of petitioner. Grievance of present
petitioner is that on 05.08.2010, petitioner has preferred an appeal
being Appeal No.1178/08-09 under Section 20 of Right to Information
Act, but, on 20.08.2010, appeal has been decided by Appellate
Authority under Section 19 of Right to Information Act with a
direction to Authority to supply all details/ information as
demanded by petitioner. In this matter, on 27.07.2010, petitioner
was remained personally present before Appellate Authority,
therefore, question of deciding Second Appeal filed under Section 20
of Right to Information Act dated 05.08.2010 does not arise,
therefore, petitioner is having no objection or any grievance in
respect to order passed by respondent Commissioner dated
20.08.2010.
However,
if respondent Commissioner has not decided appeal, which has
been preferred by petitioner under Section 20 of Right to
Information Act, let petitioner may approach to respondent
Commissioner with an application to decide appeal preferred by
petitioner under Section 20 of Right to Information Act, if it is
pending and not decided. As and when such an application is made to
respondent No.3 Chief Information Commissioner, he may examine
from original record, whether appeal preferred by petitioner under
Section 20 is decided or not and then to pass appropriate reasoned
order, after giving reasonable opportunity of hearing, within a
period of 3 (Three) months from the date of receiving a copy of
present order.
In
view of aforesaid observations and directions, present petition is
disposed of by this Court, without expressing any opinion on merits.
[H.K.RATHOD,
J.]
..mitesh..
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