IMPORTANT POINT
The court emphasized that information sought under the Right to Information Act, 2005 should be provided unless it falls under the exempted categories specified in Sec. 8(1) of the Act.

JUDGMENT

SUREPALLI NANDA,J. - Heard the Learned Counsel for the Petitioner, learned Government Pleader for General Administration and Learned Advocate General appearing for Respondents.

2. This Writ Petition is filed praying to issue a Writ of Mandamus directing Respondent no.2 and 3 to furnish information pertaining to information of Evacuee Property allotted in favor of late Smt. RadhibaiManghanani in respect of land admeasuring Ac.11.23 guntas in Survey Nos. 181, 212, 234, 292, 488 and 489 of Machirevula Village of Rajendranagar Mandal in Rangareddy District through allotment order No. Hyd-59, dtd. 7/3/1969 and sanadNo.RSC(b)/LAND /HYD-59, dtd. 25/11/1970 in favour of Smt. Radhibhai and request to furnish all the papers in current file and note file of the above said allotment order No.HYD-59 dtd. 7/3/1969 in the file No.SEP3/212/1982 issued by Settlement Commissioner, Bombay and direct the respondent No.2 & 3 to furnish basic property register (BPR), SEP3 P.Rs. (personal register) for the year 1982 and record register for the years 1982, 1983, 2017, 2022 and 2023 under Right To Information Act, 2005.

3. The case of the petitioner, in brief, is as follows:

a) Petitioner on 27/4/2017 had made an application by paying requisite fee, to respondent no. 4 under the provisions of Right to Information Act, 2005 requesting to furnish information regarding the evacuee property allotted in favour of late Smt. Radhibai Manghnani in respect of land admeasuring Ac.11.23 guntas in Survey Nos. 181, 212, 234, 292, 488 and 489 of Machirevula Village of Rajendranagar Mandal in Rangareddy District through allotment order No. Hyd-59, dtd. 7/3/1969 and sanadNo.RSC(b)/LAND /HYD59, dtd. 25/11/1970 and to furnish all papers issued by the Settlement Commissioner, Bombay.

b) In response to the application of the petitioner, respondent no.4 addressed a letter vide CCLA U.O. Note RTI/475/2017, dtd. 29/4/2017 to the Assistant Secretary (Settlements), office of respondent no.2 to furnish information as sought in the petitioner's application.

c) The Assistant Secretary (Settlements), O/o respondent no. 2 vide letter U.O.NoteSettleII/250/2017 dtd. 26/5/2017 stated that the personal registers are maintained in chronological order and that personal register of 1982 of SEP3 is not available and that the record Sec. was once again requested to trace the personal record and that soon after the same would be supplied to the petitioner.

d) Aggrieved by the orders, petitioner preferred an Appeal dtd. 1/6/2017 before Appellate Authority i.e., 3rd respondent, under the provisions of Right to Information Act, 2005 and the 3rd respondent till date had not disposed off the petitioner's appeal.

e) Moreover, under Sec. 19 (6) of Right to Information Act, 2005, respondent no.3 is bound to dispose of the appeal within a period of 30 days from the date of receipt of the same. Even though, the petitioner's appeal was on1/6/2017, which had been received by the respondent no.3 office on 5/6/2017, no orders have been passed by the 3rd respondent till as on date.

f) Delay in furnishing the requisite information to the petitioner, not only amounts to the contravening the provisions of Right to Information Act, 2005 but is also causing hardships to the petitioner. Hence the Writ Petition.

4. The case of the respondents, in brief, is as follows:

a) Against the appeal preferred by the petitioner, the then Public Information Officer (PIO)issued Note vide No.RTI/475/17 dtd. 21/6/2017 to the Assistant Secretary (Settlement) and Deemed Public Information Officer informing Personal Registers of SEP3 Seat only has been traced by the Record Sec. and had been forwarded to the Settlement Sec. along with the copy of the petitioner's 1st appeal and requesting to furnish the information to the petitioner and the same had been informed to the petitioner.

b) In response, the Assistant Secretary (Settlement) & Deemed Public Information Officer vide U.O.NoteSett.II/110/19 dtd. 30/3/2019 informed that as