JAYESHKUMAR AMBALAL PATELversusPUBLIC INFORMATION OFFICER

   C/SCA/1905/2022                                 JUDGMENT DATED: 24/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1905 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

==========================================================

          Approved for Reporting                  Yes          No
                                                               No
==========================================================
                       JAYESHKUMAR AMBALAL PATEL
                                   Versus
                     PUBLIC INFORMATION OFFICER & ORS.
==========================================================
Appearance:
MR NIRAV C SANGHAVI(5950) for the Petitioner(s) No. 1
MR VISHVAJITSINH D CHAUHAN(10160) for the Petitioner(s) No. 1
MR SHIVANG M SHAH(5916) for the Respondent(s) No. 3
MR UM SHASTRI(830) for the Respondent(s) No. 1,2
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                              Date : 24/03/2026

                                JUDGMENT

1. Rule returnable forthwith. Mr.U.M. Shastri, learned
counsel waives service of notice of rule on behalf of
respondent Nos.1 and 2 and Mr. Shivang M. Shah,
learned counsel waives service of notice of rule on behalf
of respondent No.3. With consent of the learned counsel
appearing for the respective parties, the matter is taken
up for !nal hearing today.

2. Present petition is preferred by the petitioner under


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   C/SCA/1905/2022                               JUDGMENT DATED: 24/03/2026




Articles 14, 226 and 227 of the Constitution of India r/w
the provisions of Right to Information Act with below
mentioned relief/s:-

      "10.(A) Your Lordship may be pleased to admit this
      Special Civil Application;

      (B) Your Lordship may be pleased to allow this Special
      Civil Application by issuing appropriate writ, order or
      directions to respondent no.1 for implementing the order
      passed by the respondent no.2 in Appeal on 30.01.2021
      in its true and correct spirit in the interest of justice.

      (C) Your Lordships may be pleased to allow the present
      Special Civil Application by issuing appropriate writ,
      order or direction for quashing and setting aside the
      impugned judgment and order passed by respondent
      no.3 on 15.09.2021 in the interest of justice.

      (D) Pending admission hearing and -nal disposal of the
      petition this Hon'ble Court may be pleased to direct the
      respondent no.1 to provide remaining information
      without charging any fees as early as possible in the
      interest of justice.

      (E) This Hon'ble Court may be pleased to grant such
      other and further relief as deemed just and proper in the
      interest of justice."

3. The facts giving rise to present petition are that the
petitioner,          under   the   provisions    of    the      Right         to
Information Act, 2005, submitted an application to
respondent No.1 seeking information pertaining to the
!nancial management of Singalgadh Village Panchayat,
including details as to whether any grants have been
received from the Government and the manner in which
such grants have been utilized. The respondent No.1


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  C/SCA/1905/2022                             JUDGMENT DATED: 24/03/2026




failed to provide complete and correct information to the
petitioner and only partial and incomplete information
was supplied vide communication dated 30.01.2021.

3.1 Being aggrieved by the non-supply of complete
information, the petitioner preferred a First Appeal
before respondent No.2 seeking appropriate directions
against respondent No.1 to furnish complete information.
The said appeal came to be decided on 29.10.2020.
Despite the order passed by the First Appellate Authority,
respondent No.1 did not comply with the same in its true
spirit and continued to withhold complete information.
Instead, respondent No.1 issued notices for inspection of
records and also made communications dated 26.09.2020
and     06.11.2020.     The      petitioner    thereafter          again
approached the Appellate Authority, and the proceedings
came to be disposed of on 30.01.2021 without granting
complete relief.

3.2 In view of the continued failure on the part of
respondent No.1 to furnish complete information, the
petitioner was constrained to !le a Second Appeal before
respondent No.3 on 08.03.2021. The respondent No.3,
however, dismissed the said Second Appeal vide order
dated      15.09.2021    after       considering       the       written
submissions tendered by the petitioner. As per the
petitioner the said order is erroneous and contrary to the
provisions of the RTI Act, as the appeal has been

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      C/SCA/1905/2022                                      JUDGMENT DATED: 24/03/2026




dismissed on the ground that the information sought
would require collection from various records and !les,
relying upon judgments of the Hon’ble Apex Court,
without appreciating the true scope of the petitioner’s
request.

3.3 The Second Appellate Authority failed to consider that
the      Second           Appeal      was    !led       primarily      for    proper
implementation and compliance of the order passed by
the       First         Appellate      Authority,         and    therefore,         the
impugned                order   is    illegal     and     unsustainable.           The
petitioner had earlier !led the First Appeal on 08.10.2020
and also addressed a communication dated 24.12.2020
requesting the information sought under the RTI Act. The
petitioner also lodged a complaint dated 11.01.2021
before the First Appellate Authority for non-compliance of
its       order           and        subsequently          !led       a       Second
Appeal/complaint before respondent No.3. The petitioner
also addressed a communication dated 25.02.2021 to the
Public         Information            O?icer          seeking   the       requested
information. In the aforesaid facts and circumstances, the
petitioner has !led present petition with aforementioned
relief/s.


4. Heard learned counsels appearing for the respective
parties.

5. Mr. Sanghavi, learned counsel for the petitioner has


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   C/SCA/1905/2022                                   JUDGMENT DATED: 24/03/2026




submitted that           despite a speci!c order passed by the
First Appellate Authority directing respondent No.1 to
furnish the requisite information, the same has not been
complied with in its true letter and spirit and instead of
supplying the information, respondent No.1 has merely
called upon the petitioner to inspect records, which
cannot be said to be proper compliance under the
provisions of the RTI Act.

6. However, Mr. Sanghavi, learned counsel for the
petitioner,          submits   that   the       petitioner     will     remain
personally present before the concerned respondent
authority, and the said authority may be directed to
furnish the information sought by the petitioner.

7. I have perused the materials and relevant documents
available on record. I have also gone through the record
of the petition.

8. It appears from the record that during the pendency of
the petition, the petitioner circulated a draft amendment,
which came to be allowed by the Coordinate Bench of this
Court vide order dated 15.04.2024. Accordingly, the
petitioner has carried out the said amendment.

9. Considering the facts and circumstances of the case,
the petitioner is hereby directed to remain personally
present before the concerned respondent authority within
a period of three weeks from the date of receipt of a copy
of this order. Upon the petitioner’s appearance within the


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     C/SCA/1905/2022                                                               JUDGMENT DATED: 24/03/2026




aforesaid period, the concerned respondent authority
shall furnish the information sought for by the petitioner,
if the same is required to be supplied in accordance with
law.

10. With the aforesaid direction, the petition is hereby
allowed. Rule is made absolute to the aforesaid extent.
          Direct service permitted.


                                                                                                                      Sd/-
                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI

 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/03/2026 17:36:52




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