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Patna High Court

Nurul Haque SiwaniversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

The petition was dismissed because the petitioner did not comply with the Court’s order to remove defects within the prescribed period.

Summary

Nurul Haque Siwani, a Deputy Commissioner, filed a writ petition challenging an order dated 22 January 2021 issued by the Chief Information Commissioner of Bihar, which imposed a cost of Rs.25,000 on him. He alleged that the cost was arbitrary and illegal. The High Court directed him to rectify the defects in his petition within four weeks. He failed to comply with this direction, and consequently, the Court rejected his petition on 19 March 2026. The petition was therefore dismissed for non‑compliance with the Court’s procedural direction.

Issues considered

  • Whether the cost of Rs.25,000 imposed by the Chief Information Commissioner is arbitrary and violative of law
  • Whether the petitioner complied with the Court’s direction to remove defects within the stipulated time

Subjects

  • Right to Information Act
  • Cost of information
  • Chief Information Commissioner
  • Writ petition
  • Procedural compliance

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.13676 of 2021
                 ======================================================
                 Nurul Haque Siwani son of Mohammad Yunus Resident of Village-
                 Bhopatpur, P.O. and P.S.- Bhopatpur and the District- Siwan (Bihar),
                 presently posted to the post of the Deputy Commissioner, at the office of the
                 Commissioner, the Patna Municipal Corporation, P.O. and P.S.- Kotwali and
                 the District- Patna (Bihar).

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Chief Information Commissioner, the State
                 Information Commission, Suchna Bhawan, 4th Floor, Baily Road, Patna
                 (Bihar).
           2.    Mr. Nalini Ranjan (Journalist), The Dainik Jagaran, Office at Patliputra,
                 District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr.Shiv Shankar Prasad Yadav, Advocate
                 For the Respondent/s   :         Mr.Md. Raisul Haque (Sc10)
                 For respondent no.1    :         Mrs. Binita Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   02-04-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) to set aside the order dated 22.01.2021

                                            passed in the case No. A8472/2018 by the

                                            court of Learned the Chief Information

                                            Commissioner of the Bihar State Chief

                                            Information Commission, Patna (Bihar)

                                            whereby and whereunder the petitioner has

                                            got    aggrieved      because      the     learned

                                            Commissioner has imposed the cost of
         Patna High Court CWJC No.13676 of 2021(5) dt.02-04-2026
                                                    2/2




                                           Rs.25,000/- (Rupees Twenty five thousands)

                                           i.e. arbitrary in nature and bad in law vide

                                           the order under challenge as an annexure.

                               3. On 19.02.2026, four weeks’ time was granted to

                   remove the defect(s) and the order was peremptory.

                               4. As the same was not complied, it stood rejected on

                   19.03.2026.

                               5. Perused the file, consigned.



                                                 (Rajiv Roy, J)
Ravi/-

U


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