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2007 Supreme(Guj) 697

D.N.PATEL
Ahmedabad Education Society – Appellant
Versus
Union of India – Respondent


Advocates:
Appearance :
Mr. D.V. Parikh, for the Petitioners.
Rule Served, for the Respondent No. 1.
Mr. N.V. Anjaria, for the Respondent Nos. 2 & 3.
Rule Unserved, for the Respondent No. 4.

Judgment

D.N. Patel, J.—This writ petition has been preferred against the order dated 06.07.2007 passed by State Chief Information Commissioner in Complaint No. 1429 of 2006-07, whereby the petitioners who were not parties before the said authority, are directed to refund the fees under the Right to Information Act, 2005 (hereinafter referred to as “the Act, 2005”). Against this order, third party has preferred the present petition on the ground that the petitioners were not joined as parties in the proceedings before State Chief Information Commissioner and no opportunity of being heard was given and the direction has been given to the petitioners to refund fees to the original applicant i.e. to the present Respondent No. 4, is dehors the provisions of the Act, 2005.

2. Learned Counsel for the petitioners submitted that State Chief Information Commissioner has not properly appreciated the provisions of the Act, 2005 especially Section 11 read with Section 7(7) of the Act nor the authorities below have properly appreciated the judgment delivered by this Court in the case of Reliance Industries Limited vs. Gujarat State Information Commission & Ors. now, reported in AIR 2007 Gujarat 2















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