Writ jurisdiction cannot be invoked to compel the production of information that has been established as untraceable by public authorities after diligent search efforts, provided there is no evidence of mala fide intent or illegal destruction of official records.

JUDGMENT :

1. RULE. Learned counsel waives service of notice of rule on behalf of the respective respondents.

2. With the consent of learned counsel for both the sides, the present petition is taken up for final hearing.

3. Present petition is filed by the petitioner under Article 226 of the Constitution of India and under the provisions of the Right to Information Act, 2005 (hereafter be referred to as “the RTI Act”) seeking following reliefs:-

“A. YOUR LORDSHIPS may be pleased to pass a writ of mandamus or pass any writ, order or direction in the nature of mandamus directing the Respondent No.4 Public Information Officer of the Office of Mamlatdar (Daskroi) to supply the information as sought for vide the application dated 15.06.2016 and further be pleased to direct Respondent No.4 Public Information Office of the Office of Mamlatdar (Daskroi) to comply with the order dated 21.09.2016 passed by Respondent No.3 herein as well as order dated 29.11.2016 passed Respondent No.2 herein.

B. YOUR LORDSHIPS may further be pleased to pass a writ of mandamus or pass any writ, order or direction in the nature of mandamus directing the Respondent No.2 State Information Commissioner to initiate enquiry/proceedings under Section 20 of the Act against the Respondent No.4 Public Information Office of the Office of Mamlatdar (Daskroi);

C. During the pendency, admission and final disposal the present petition, YOUR LORDSHIPS may be pleased to direct the Respondent No.2 to decide the application dated 02.02.2018;

D. Any other and further relief that may deem fit by this Hon'ble Court in the interest of justice;

4. Brief facts of the present petition are in nutshell as under:-

4.1 The petitioner has preferred an application under Section 6 of the RTI Act seeking information pursuant to land bearing 79 (O1d Survey/Block Survey No. No.15) admeasuring about 30932 square meters situated at District - Sub District Ahmedabad (Daskroi) from respondent No. 4 - Public Information Officer [ Mamlatdar (Daskroi) ] but the same has not been provided within statutory period of thirty days. That the petitioner had preferred First Appeal under the provisions of the RTI Act before respondent No.3 – First Appellate Authority and Prant Officer (Daskroi), which came to be allowed and directed respondent No.4 to supply information within ten days, however, the respondent No.4 has not complied with the order and not supplied the information as directed by respondent No.3. Thereafter, the petitioner had sent communication to respondent No.3 with non-compliance of the order passed by respondent No.4, but the communication did not yield any effective result.

4.2 The petitioner had preferred second appeal before respondent No.2 under the RTI Act, which came to be allowed and again directed respondent No.4 to supply the information within one month but still respondent No.4 has not supplied the information even after said two orders. That the petitioner approached respondent No.2 – State Information Commissioner, Gujarat informing about non-compliance of the order passed by respondent No.2 despite this, the petitioner approached several authorities but he is suffering from non-performance of statutory duty by the concerned public authorities and hence, this petition.

5. Heard learned counsel for the petitioner, learned Assistant Government Pleader for respondents No.1 and 3 and learned counsel for respondent No.2. Perused the material placed on record.

6. Learned counsel for the petitioner has submitted the same facts which are narrated in the memo of petition and