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2024 Supreme(Bom) 863

M. S. KARNIK, B. P. DESHPANDE
Communidade of Mapusa, through its Attorney Shri Maurice L. J. D’Souza – Appellant
Versus
Public Information Officer, Office of the Administrator of Communidades (North Zone), Court Junction, Mapusa, Bardez, Goa – Respondent


Advocates Appeared:
For the Petitioner: Mr. John A. Lobo, Adv., Mr. Y.V. Nadkarni, Adv. with Ms. Simran Khadilkar, Adv.
For the Respondents: Mr. S. Priolkar, Add. Government Adv.,

JUDGMENT :

(M.S. Karnik, J.) :

1. These petitions raise common issues and hence disposed of by a common judgment. The issue that arises in these petitions is whether the Right to Information Act, 2005 (‘RTI Act’, for short) applies to Petitioner-comunidades.

2. We briefly refer to the facts of the case in Writ Petition no. 1177 of 2018 :

The respondent no.1 filed an application to the respondent no.2- Administrator of Comunidade, North Zone, Mapusa, for information under the RTI Act as regards documents relating to the petitioner- Comunidade. The respondent no.2 by Memorandum dated 29.09.2014, stated that the information sought pertains to records which are held by another Public Authority i.e. Comunidade of Pilerne and hence it is for the Escrivao/Clerk/Registrar to supply the same. The respondent no.1 preferred a first appeal no. RTI/AC-II/APL/17/2014 under Section 19 of the RTI Act. On 11.11.2014, the petitioner informed the respondent no.2 that the RTI Act does not apply to the Comunidade. The respondent no.2- Administrator informed the respondent no.1 (applicant) that in respect of the information sought under the application dated 05.09.2014, the attorney of the petitioner has re

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