Bombay High Court

THE PUBLIC INFORMATION OFFICER AND THE HEAD MASTER ANANDIBAI BANKAT BOYS HIGH SCHOOL AND ANRversusTHE STATE INFORMATION COMMISSIONER AND ANOTHER

Disposal: DISPOSED OFF

Holding

The petition was disposed of because the cause of action did not survive following the respondent's withdrawal of the request for information.

Summary

The petition was filed by the Public Information Officer and the Head Master of Anandibai Bankat Boys High School seeking information about vacancy positions in institutions run by Chalisgaon Education Society under the Right to Information Act, 2005. Respondent No.2, Mr. Umesh Soma Tribhuwane, who had originally requested the information, later stated that he no longer wished to receive it. Consequently, the petitioner’s counsel moved to withdraw the petition. The Court noted the respondent’s withdrawal and found that the cause of action no longer existed. Accordingly, the petition was disposed of as the cause in the petition did not survive.

Issues considered

Whether a writ petition under the Right to Information Act can continue when the applicant withdraws the request for information.

Legislation cited

Right to Information Act, 2005

Subjects

Right to Information
RTI Act
withdrawal of petition
cause of action
public information officer
vacancy information

Judgment

2026:BHC-AUG:45502


                      IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                 BENCH AT AURANGABAD

                          28 WRIT PETITION NO. 3523 OF 2019

            The Public Information Officer And The Head Master Anandibai Bankat
                                   Boys High School And Anr
                                           VERSUS
                      The State Information Commissioner And Another
                                               ...
             Advocate for the Petitioner : Mr. Abhay R. Nimbalkar a/w Mr. Thoke
                                  Dhananjay B (Through VC)
                           AGP for Respondents-State: Mr. S. G. Joshi
                       Advocate for Respondent No.2 : Party In Person
                                               ...

                               CORAM       : ROHIT W. JOSHI, J.
                               Dated       : September 29, 2026

           PER COURT :-

           1.    Leave is granted to correct the cause title of the petition to show

           the name of Chalisgaon Education Society as petitioner No.1.

           Necessary amendment be carried out forthwith.



           2.    Mr. Umesh Soma Tribhuwane, respondent No.2 appearing in

           person, states that information with respect to the vacancy position of

           educational institutions run by Chalisgaon Education Society was

           sought at the relevant time, since he was eligible for seeking

           appointment on different posts in the institutions run by the said

           Society.



           3.    The party in person states that, as on date, he does not wish to

           receive the information that was sought by him by invoking the


                                            Page 1 of 2
                                                          28 WP 3523-2019



provisions of the Right to Information Act, 2005.



4.       In view of the statement made by respondent No.2 appearing

in person, learned Advocate for the petitioner does not press the

petition and makes a motion to withdraw the same.



5.       In view of the above statement made by the respondent No.2,

the petition is disposed of as the cause in the petition does not

survive.




                                              ( ROHIT W. JOSHI, J. )




vj gawade/-.




                                Page 2 of 2

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