
PIO Can't Be Compelled To Furnish Information If RTI Application Doesn't Contain Particulars Of Information Sought: Karnataka High Court
Live LawThe Karnataka High Court has issued guidelines to be followed by the Karnataka State Information Commission while deciding on applications made before it under the Right to Information Act. Complainant HT Giriyappa had made an application under Section 6 of the Right to Information Act seeking certain information regarding encroachment of gunduthopu, tank bund, halla kharab in respect of Haluvagilu Village and Tharemaradapalya Becharak Village of Kunigal Taluk. On going through the application, the bench observed, “Except seeking information regarding encroachment of gunduthopu, tank bund, halla kharab in respect of Haluvagilu Village and Tharemaradapalya Becharak Village of Kunigal Taluk, no particulars regarding survey numbers are mentioned and there is no specific particulars about the land wherein the encroachment has taken place. Furthermore, the writ paper records depicts that information sought by the applicant was already furnished to the applicant and the he has acknowledged the same.” Thus it held “The Commission has exceeded its power by adopting the improper procedure as well as by going wrong on a matter of substance.” It added “In my opinion, the Commission has erred in imposing a penalty on the petitioner.
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