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2024 Supreme(Online)(TEL) 23799

HIGH COURT OF TELANGANA
NAGESH BHEEMAPAKA, J
Smt. Gazia Begum – Appellant
Versus
The State of Telangana – Respondent
WP/31587/2023



Public authorities are mandated under the Right to Information Act, 2005 to provide information as custodians of public records.

Headnote:(A) Right to Information Act, 2005 - Petitioners filed applications seeking information regarding land records and mutation proceedings - Respondents failed to provide information in a timely manner - Petitioners alleged attempts by others to illegally claim property. (Paras 1-3)

(B) Public Authorities - Obligations under RTI Act - Authorities are mandated to provide information as custodians of public records. (Paras 5-6)

(C) Writ Jurisdiction - Court directed the District Collector to furnish information as per law within four weeks. (Paras 7)

(D) Costs - No costs awarded in the petition. (Para 7)

Facts of the case:
The petitioners sought information on land records related to their grandfather's property, alleging attempts by others to illegally claim it. The authorities failed to provide the requested information, prompting the writ petition.

Findings of Court:
The court ordered the District Collector to provide the requested information within four weeks.

Issues: The main issue was whether the authorities were obligated to provide information under the RTI Act.

Ratio Decidendi: The court emphasized that public authorities must comply with the RTI Act and provide information as mandated by law.

Result: Writ petition disposed of with directions.

ORDER :

The case of the petitioners, as per the writ affidavit, is that they filed Applications dated 04.04.2023 under the Right to Information Act, 2005, before the Chief Commissioner Land Administration (CCLA), Hyderabad, seeking information with regard to (i) Mutation Proceedings, ROR and 1-B Amendment Proceedings, Faisal patti, Pattedar passbook, Panchanama, Succession, Survey report and any other proceedings in respect of different extents of lands in Survey Nos.30, 142/1, 146, 146/A, 146/AA, 146/2, 71, 73, 74, 59, 61, 61/A, 61/AA, 61/AA1, 61/E of Chinna Golconda village, Shamshabad Mandal, Rangareddy District; and (ii) information with regard to Mutation Proceedings, ROR and 1-B Amendment Proceedings, Faisal patti, Pattedar passbook, Panchanama, Succession, Survey report, Legal Heir Certificate, Correction of Pahanis and any other proceedings in respect of different extents of lands in Survey Nos.13, 14, 22 and 25 of Pedda Golconda village, Shamshabad Mandal, Rangareddy District.

2. It is stated that the CCLA has forwarded the said RTI Applications dated 04.04.2023 to the Public Information Officer, Office of Collectorate, Rangareddy District, vide CCLA Reference Letters dated 17.04.2023 and 13.04.2023, who in turn forwarded the said RTI Applications to the Public Information Officer, Office of Tahsildar (i.e. respondent No.4), Shamshabad Mandal. It is alleged that the lands of which the information was being sought belong to the grandfather (named Mohammad Sab) of the petitioners, and that the father of petitioners has got a share in those lands, but someone posing as son of Mohammad Sab is trying to grab the subject lands.

3. It is alleged that initially respondent No.4 has informed that big people are involved in the matter. However, the petitioners approached the Office of CCLA, and the CCLA has addressed letter dated 18.05.2023 to 2 nd respondent-District Collector, Rangareddy District, to examine the issue and take necessary action. Thereafter, respondent No.4 issued replies vide letters dated 12.08.2023 stating that “the information sought by the petitioners is not available in the office" . Aggrieved by the nature of reply and the delay being caused in furnishing the information, the petitioners filed this writ petition.

4. Heard Mr. G. Nagesh, learned counsel for the petitioners; and the learned Government Pleader for Revenue.

5. Learned counsel for the petitioners would contend that the petitioners have legitimate interest in the property as the property belongs to their grandfather Mohammed Sab, and therefore their father has got a share in the subject property, and someone posing as the son of Mohammad Sab is trying to grab the property. It is alleged that the respondent authorities are bound to provide the information asked vide RTI Applications dated 04.04.2023 as the information sought is a matter of public record and the respondent- authorities being custodian of the record are mandated under law to provide information within the timeframe. It is further contended that aggrieved by the reply of respondent No.4-Tahsildar, the petitioners approached the Office of RTI Commissioner to prefer an Appeal vide Applications dated 12.08.2023 however they were informed that the post is vacant.

6. Learned Government Pleader would submit that the writ petition may be disposed of with a direction to the authorities to furnish information as per law in a timeframe.

7. Considering the submissions made, and the nature of relief sought, the writ petition is disposed of directing respondent No.2- District Collector, Rangareddy to consider the Applications dated 04.04.2023 filed by the petitioners under the RTI Act, 2005, and furnish the necessary information, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

No costs.

8. Consequently, miscellaneous applications, pending if any, shall stand closed.

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