Created by Fuzzy Cloud

Patna High Court

Jeetendra Kumar SinghversusThe State of Bihar through the Principal Secretary,

Decided
Disposal
DISPOSED

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

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
                                           2/3




         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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.