Allahabad High Court

RAMLALversusUNION OF INDIA AND 3 OTHERS

Decided: 8 September 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

A second appeal under Section 19(3) of the RTI Act, if properly filed and defect‑free, must be decided expeditiously by the Appellate Authority.

Summary

The petitioner, Ramlal, filed a writ petition before the Allahabad High Court seeking direction for the expeditious disposal of a second appeal filed under Section 19(3) of the Right to Information Act, 2005. The petition alleged that the second appeal remained pending without a decision. The respondents, including the Union of India and the Income Tax Department, contended that the appeal should be decided promptly if there were no objections or procedural defects. The Court examined the submissions and noted that the second appeal, if in proper format and free of defects, must be decided by the Appellate Authority without undue delay. Consequently, the Court disposed of the writ petition, directing that the appeal be decided expeditiously in accordance with law.

Issues considered

Whether the second appeal filed under Section 19(3) of the Right to Information Act, 2005 should be decided expeditiously by the Appellate Authority.

Legislation cited

Right to Information Act, 2005 — s. 19(3)

Subjects

Right to Information
Second Appeal
Section 19(3)
Expeditious Disposal
Writ Petition
Administrative Law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 35820 of 2026

                                    Ramlal
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    Union Of India And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Akhilesh Yadav, Rakesh Kumar Pal,
                                                                      Ram Chandra Yadav
                                    Counsel for Respondent(s)       : A.S.G.I., Ankur Agarwal, Chandra
                                                                      Prakash Yadav

                                    Court No. - 36
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Ram Chandra Yadav, learned counsel for petitioner, Sri

                                    Chandra Prakash Yadav, Advocate for Respondents-1 and 2 and Sri

                                    Dhananjay Awasthi, Advocate for Respondents-3 and 4.


                                    2. Petitioner has approached this Court that a second appeal filed under

                                    Section 19(3) of Right to Information Act, 2005 is still not decided.


                                    3. Learned counsel appearing for Respondent-Income Tax Department,

                                    submits that if there is no objection to filing of second appeal, it shall be

                                    decided by Appellate Authority expeditiously.


                                    4. Taking note of above submissions, this writ petition is disposed of that

                                    if second appeal is in proper format and there is no defect, the same be

                                    decided in accordance with law expeditiously.



                                                                                (Saurabh Shyam Shamshery,J.)
                                    September 9, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad

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