: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NO /2014 (GM-RES)

Transcription

1 : 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 10 TH DAY OF SEPTEMBER 2014 BEFORE THE HON BLE MRS. JUSTICE B.V. NAGARATHNA BETWEEN WRIT PETITION NO /2014 (GM-RES) MALLIKARJUN S/O. BASAPPA KORI AGE: 51 YEARS, OCC: CONSULTANT NEAR APMC YARD, ILKAL PETITIONER (PARTY IN PERSON) AND 1. THE REGISTRAR, OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIEITES NO.1, ALI ASKAR ROAD BANGALORE 2. THE JOINT REGISTRAR (URBAN BANK DEPARTMENT) OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BANGALORE. 3. THE GENERAL MANAGER THE ILKAL CO OPERATIVE BANK LTD., ILKAL DIST: BAGALKOT 4. THE PRESIDENT, THE ILKAL CO-OPERATIVE BANK LIMITED ILKAL DIST: BAGALKOT.

2 : 2 : 5. THE EXICUTIVE DIRECTOR, URBAN BANK DEPARTMENT RESERVE BANK OF INDIA CENTRAL OFFICE, GARMENT HOUSE, 1ST FLLOR, DR.A B ROAD, WORLI, MUMBAI STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION M.S.BUILDING DR.AMBEDKAR VEEDI BANGALURU RESPONDENTS (BY SMT. K. VIDYAVATHI, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS DATED AT ANNEXURE-D PASSED BY THE STATE INFORMATION COMMISSIONER BANGALURU AND ORDER DATED (ANNEXURE-B7) PASSED BY RBI MUMBAI AND DIRECTING THE R2 TO PROVIDE THE LIST OF BENEFICIARIES IN WAVER OF AGRICULTURIST LOANS FROM CENTRAL GOVERNMENT SCHEME WITH RS.25000/- PENALTY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Petitioner, who is appearing in person, has assailed order dated passed in KIC 6992 PTN 2012 at Annexure D by the State Information Commissioner, Bangalore sixth respondent herein, as also the order dated passed by the fifth

3 : 3 : respondent Reserve Bank of India in appeal No.UBD/28/ I have heard the petitioner at length and perused the material on record. At the outset, it is noted that the writ petition is an instance of mis joinder of causes of action, inasmuch as the order passed by the sixth respondent and fifth respondent under different proceedings are assailed in the very same writ petition which is impermissible. In the circumstances, the challenge made to the order dated (Annexure B7) by the fifth respondent Reserve Bank of India is not considered and the writ petition is dismissed as against that challenge, reserving liberty to the petitioner to assail it in an independent writ petition, if he thinks fit. 3. As for as the challenge made to the order dated at Annexure D is concerned, that order is passed in an appeal filed by the petitioner against the earlier order dated passed by

4 : 4 : the Joint Registrar of Co-operative Societies. The petitioner had sought information from the Assistant Registrar of Co-operative Societies, Bangalore with regard to the list of beneficiaries in respect of the waiver of agricultural loan. The Assistant Registrar of Cooperative Societies who appeared before the State Information Officer stated that the list of beneficiaries was not available with them and the petitioner was intimated about that aspect. In view of the information not being available with the Assistant Registrar Cooperative Societies, the appeal was disposed. That order is assailed in this Writ petition. 4. Petitioner states that in fact the list is available with them and the respondent authorities do not wish to make available that information. That is not a matter which can be gone into under the provision of the Act. What has to be seen as to whether the information which is available with them has been given or not. If the State Information Officer is satisfied with the statement that the list of beneficiaries is not

5 : 5 : available in the Office of the Assistant Registrar Co-operative Societies and that has been intimated to the petitioner, the petitioner cannot contend that even then the information must be given. Under the provisions of the Right to Information Act 2005, information is defined under Section 2 (f) to mean any material in any form, including records, documents, memos, s, opinions, advises, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. Record is defined in Section 2 (i) and the Right to Information is defined in Section 2 (j). That definition says that right to information means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to: (i) inspection of work, documents, records;

6 : 6 : (ii) (iii) (iv) taking notes, extracts or certified copies of documents or records; taking certified samples of material; obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; On a combined reading definitions what becomes clear is the fact that the person who is seeking information must seek only that information which is available in any form, with the authorities in the form of record, documents etc. If any information is not available with the authority and such an information is sought by a citizen, that authority cannot invent or create information and give it to the persons seeking information. In other words, right to information is only that information which is in the possession of the authority in the form of record or any other form. If the information of the list of beneficiaries is not available in

7 : 7 : the office of the Assistant Registrar Co-operative Societies, then that authority cannot give any names of the beneficiaries to the petitioner. In that view of the matter, the impugned order at Annexure D does not call for any interference. In the result, the writ petition is dismissed, subject to the liberty reserved to the petitioner to challenge Annexure B7, if he thinks fit in an independent writ petition. Sd/- JUDGE Rsh