REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO.34868 OF 2009

Khanapuram Gandaiah

… Petitioner

Vs.

Administrative Officer & Ors.

… Respondents

O R D E R

1.

This special leave petition has been filed against the judgment and

order dated 24.4.2009 passed in Writ Petition No.28810 of 2008 by the High

Court of Andhra Pradesh by which the writ petition against the order of

dismissal of the petitioner’s application and successive appeals under the

Right to Information Act, 2005 (hereinafter called the “RTI Act”) has been

dismissed. In the said petition, the direction was sought by the Petitioner to

the Respondent No.1 to provide information as asked by him vide his

application dated 15.11.2006 from the Respondent No.4 – a Judicial Officer

as for what reasons, the Respondent No.4 had decided his Miscellaneous

Appeal dishonestly.

2.

The facts and circumstances giving rise to this case are, that the

petitioner claimed to be in exclusive possession of the land in respect of

which civil suit No.854 of 2002 was filed before Additional Civil Judge,

Ranga Reddy District praying for perpetual injunction by Dr. Mallikarjina

Rao against the petitioner and another, from entering into the suit land.

Application filed for interim relief in the said suit stood dismissed. Being

aggrieved, the plaintiff therein preferred CMA No.185 of 2002 and the same

was also dismissed. Two other suits were filed in respect of the same

property impleading the Petitioner also as the defendant. In one of the suits

i.e. O.S. No.875 of 2003, the Trial Court granted temporary injunction

against the Petitioner. Being aggrieved, Petitioner preferred the CMA No.67

of 2005, which was dismissed by the Appellate Court – Respondent No.4

vide order dated 10.8.2006.

3.

Petitioner filed an application dated 15.11.2006 under Section 6 of the

RTI Act before the Administrative Officer-cum-Assistant State Public

Information Officer (respondent no.1) seeking information to the queries

mentioned therein. The said application was rejected vide order dated

23.11.2006 and an appeal against the said order was also dismissed vide

order dated 20.1.2007. Second Appeal against the said order was also

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dismissed by the Andhra Pradesh State Information Commission vide order

dated 20.11.2007. The petitioner challenged the said order before the High

Court, seeking a direction to the Respondent No.1 to furnish the information

as under what circumstances the Respondent No.4 had passed the Judicial

Order dismissing the appeal against the interim relief granted by the Trial

Court. The Respondent No.4 had been impleaded as respondent by name.

The Writ Petition had been dismissed by the High Court on the grounds that

the information sought by the petitioner cannot be asked for under the RTI

Act. Thus, the application was not maintainable. More so, the judicial

officers are protected by the Judicial Officers’ Protection Act, 1850

(hereinafter called the “Act 1850”). Hence, this petition.

4.

Mr. V. Kanagaraj, learned Senior Counsel appearing for the petitioner

has submitted that right to information is a fundamental right of every

citizen. The RTI Act does not provide for any special protection to the

Judges, thus petitioner has a right to know the reasons as to how the

Respondent No. 4 has decided his appeal in a particular manner. Therefore,

the application filed by the petitioner was maintainable. Rejection of the

application by the Respondent No. 1 and Appellate authorities rendered the

petitioner remediless. Petitioner vide application dated 15.11.2006 had asked

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as under what circumstances the Respondent No.4 ignored the written

arguments and additional written arguments, as the ignorance of the same

tantamount to judicial dishonesty, the Respondent No.4 omitted to examine

the fabricated documents file