Jethmal Sharma vs Mukhya Soochana Aayukt & Ors on 21 April, 2010

           S.B. CIVIL MISC. WRIT PETITION NO.3315/2010
           Jethmal Sharma Vs. Mukhya Soochna Aayukt & Ors.
Date of order                  :              21st April, 2010

              HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Naresh Kumar Sharma) for the petitioner.
Mr. C.P. Soni          )
                                -------

              By the order dated 16.12.2009, the Chief Information

Commissioner in Appeal No.546/2009 filed by the present petitioner before

him on account of alleged non-furnishing of the information and relevant

documents by the Municipal Corporation, Jodhpur, the said Commissioner

has directed the concerned authorities of the Municipal Corporation to trace

the relevant file of case No.39/2001 - Municipal Corporation through

Naresh Kumar Vs. Narender Sharma & Ors. decided on 9.8.2001 and

furnish the relevant information to the petitioner under the Right of

Information Act, 2005.

              The learned counsel for the petitioner submits that despite

these directions no effort has been made by the authorities of the Municipal

Corporation to trace the said file and documents to furnish the petitioner.

              In the opinion of this Court, since the order dated 16.12.2009

has been passed in recent past and it is expected of the Municipal

Corporation to comply with the said directions, there is no occasion for the

petitioner to straight way approach this Court at this stage. No further and

better directions can be given by this Court in exercise of its extra-ordinary

jurisdiction under Article 227 of the Constitution of India than the one

given by the Chief Information Commissioner by the order dated

16.12.2009.

              The writ petition is, therefore, dismissed as premature.



                                              [ DR. VINEET KOTHARI ], J.

item No.46
babulal/