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2022 Supreme(Telangana) 683

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. MADHAVI DEVI, J.
D.K. Narayana Rao - Petitioner
Versus
The State of Telangana - Respondent
Writ Petition No. 33468 of 2022
Decided On : 26-10-2022

Advocates:
Advocate Appeared:
For the Petitioner: Mahesh Raje.

Headnote:

Right to Information Act, 2005 - Section 6(3), 8(1)(g) - Seeking a Writ of Mandamus – Held, Court finds that Section 8(1)(g) of Right to Information Act, 2005 applies only to such information, disclosure of which would endanger the life or physical safety of any person and in the present case, supply of a copy of sale deed of 1954 and other documents do not appear in any way to endanger life or physical safety of any person - Respondents have not been able to establish or substantiate as to how provisions of Section 8(1)(g) of RTI Act are applicable to present case - Respondent No.4 is directed to furnish copy of subject sale deed bearing Document and other documents sought for by petitioner within a period of ten (10) days from date of receipt of a copy of this order - Writ Petition disposed of.

ORDER :

In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of respondents 4, 5 and 6 in denying supply of the copy of the registered sale deed No.1782 of 1954 vide impugned letter No.Cr/R5/1483/DD/2022/1882 dt.21.07.2022 as illegal and arbitrary and consequently to direct respondents 4, 5 and 6 to issue/supply the copy of the sale deed vide Document No.1782 of 1954 dt.21.10.1954 which was obtained by them during the enquiry from respondents 5 and 7 and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner had filed an application under the Right to Information Act, 2005 in the year 2018 for supply of the copy of the sale deed No.1782 of 1954 and when the same was not furnished, the petitioner approached the State Information Commission and pursuant to a direction of the State Information Commission dt.27.09.2021, respondent No.5 replied on 11.01.2022 stating the information, i.e., documents pertaining to the file vide No.82/Layout/1982, Sakkubainagar Society sought for by the petitioner related to more than 20 years old and due to renovation of the office premises, the entire office records were shifted to Buddha Bhavan and after verification of records, they were was not found in the records. It was further submitted that it is not possible to provide the same since the records related to more than 20 years old. The petitioner approached other respondents also, but in vain. Subsequently, the petitioner filed an application before respondent No.2 on 06.06.2022 and the said respondent vide letter dt.18.06.2022 had intimated to the petitioner that his application had been forwarded to the Greater Hyderabad Municipal Corporation, Hyderabad under Section 6(3) of the RTI Act with a request to furnish the required information directly to the petitioner, but the petitioner did not receive any information. Thereafter, the petitioner applied before respondent No.3 and the said respondent also replied vide Memo No.8016/Plg.III/2022 dt.18.06.2022 and thereafter, respondent No.4 issued a letter dt.21.07.2022 stating that the information is exempted under Section 8(1)(g) of the RTI Act, 2005 and hence his application is rejected. Challenging the said letter, the present Writ Petition is filed.

3. Learned counsel for the petitioner submitted that the documents that the petitioner has sought are public documents and therefore the provisions of Section 8(1)(g) of the RTI Act, 2005 dealing with information, the disclosure of which would endanger the life or physical safety of any person or identity of the source of information or assistance given in confidence for law enforcement or security purposes, are not applicable to the case on hand. He further submitted that respondent No.4 has already obtained the copies from respondents 6 and 7 and it is in the custody of respondent No.4. He is therefore seeking a direction to the respondent No.4 to furnish the copy of the sale deed No.1784 of 1954 and other documents sought for by the petitioner to the petitioner.

4. Respondent No.4 has filed a counter. In his counter affidavit, respondent No.4 admits that the alleged sale deed document copy is with them, but denied that it has been obtained from respondents 5 and 7, but stated that it has been obtained from respondents No.6 and 7.

5. In spite of service of notice, there is no counter filed by respondents 1 to 3.

6. Having gone through the material on record, this Court finds that Section 8(1)(g) of the Right to Information Act, 2005 applies only to such information, the disclosure of which would endanger the life or physical safety of any person and in the present case, supply of a copy of sale deed of 1954 and other documents do not appear in any way to endanger the life or physical safety of any person. The respondents have not been able to establish or substantiate as to ho

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