Patna High Court
Jeetendra Kumar SinghversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The Court declined to entertain the writ and disposed of the petition, directing the Commission to expedite the pending appeal.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Bihar Information Commissioner to consider his RTI application dated 06‑08‑2020, alleging that his second appeal under Section 19(3) of the Right to Information Act, 2005 remained pending before the State Information Commission. The petitioner also complained of not receiving certain attested documents despite being given a copy of the order‑sheet. The State argued that the appeal was still before the Commission and that parallel proceedings were impermissible. The Court held that, since the appeal was pending, the writ application could not serve any useful purpose and therefore dismissed the petition, directing the Commission to expedite the hearing of the appeal within three months. The application was consequently disposed of.
Issues considered
- Whether a writ of mandamus can be issued to compel the Information Commissioner to consider an RTI application when a second appeal under Section 19(3) of the RTI Act is pending before the State Information Commission.
- Whether parallel proceedings before the Court and the Information Commission are permissible.
Legislation cited
- Right to Information Act, 2005 — s. 19(3)
Subjects
- Right to Information
- Section 19(3)
- mandamus
- writ petition
- parallel proceedings
- Information Commission
- expedited hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14022 of 2021
======================================================
Jeetendra Kumar Singh, Son of Gaya Singh, Resident of Village - Kuarpur,
Ramgarh, P.S. - Pipra, District - East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Development
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Rural Development Department, Govt. of Bihar,
Patna.
3. The Bihar Information Commissioner, Bihar, Patna.
4. The District Magistrate, East Champaran, Motihari.
5. The Sub Divisional Officer, Chakia, District- East Champaran, Motihari.
6. The Land Reform Deputy Collector, Chakia, District- East Champaran,
Motihari.
7. The Anchaladhikari, Chakia, District- East Champaran, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Adv..
Mr. Sumit Kumar Gupta, Adv.
For the State : Mr. AC to GA-2
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 13-03-2026
Heard the learned counsel for the parties.
2. The present writ application has been filed for
issuance of writ in the nature of mandamus for a direction to
respondent No. 3 to consider the application of the petitioner
Patna High Court CWJC No.14022 of 2021 dt.13-03-2026
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dated 06.08.2020 as the same has not yet been considered and
is still pending for due consideration.
3. The learned counsel for the petitioner submits
that the second appeal preferred by the petitioner under
Section 19(3) of the Right to Information Act, 2005 has not yet
been disposed of and it is for disposal of such appeal that the
petitioner has been compelled to approach this Court.
4. It has been submitted on behalf of the
petitioner that he is aggrieved by the fact that though the copy
of the order-sheet has been given to him, however there was
some documents, attested copies of which were also demanded
by the petitioner, but the same was not given to him.
5. The learned AC to GA-2 submits that the
appeal preferred by the petitioner is still pending before the
Bihar State Information Commission (in short the
Commission) and, therefore, two parallel proceedings cannot
proceed ahead at the same time. It has been submitted that the
counter affidavit specifies that the appeal filed by the
petitioner is still pending before the Commission and the
photocopy of the file of Settlement Case No. 08/2005-2006
has also been brought on record with the counter affidavit.
6. Having heard the learned counsel for the
Patna High Court CWJC No.14022 of 2021 dt.13-03-2026
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parties and taking into account the fact that the second appeal
of the petitioner is still pending before the Commission, the
continuation of the present application would serve no useful
purpose. It is, however, directed that the Commission shall
expedite the hearing of the second appeal of the petitioner as
early as possible, preferably within a period of three months
from today.
7. With the aforesaid observation/direction, the
application stands disposed off.
8. Interlocutory application(s), if any, also stands
disposed of accordingly.
(Sourendra Pandey, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 14/03/2026
Transmission Date N/A
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