High Court Allows Writ Petition, Quashes State Information Commission Order, Directs PIO to Provide RTI Information Free of Charge Due to Non-Compliance with Statutory Timeframe Under Right to Information Act, 2005

Sub Category: Bombay High Court Bench: GOA

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2026-02-15 15:08:44

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Case Note & Summary

The Petitioner filed a writ petition challenging the State Information Commission's order dated 09.12.2024 which dismissed his appeal under the Right to Information Act, 2005 -- The Petitioner had sought specific information from the Inspector of Survey and Land Records, Pernem through application dated 01.09.2023 -- The Court found that the Public Information Officer failed to comply with Section 7(1) of the RTI Act by not communicating a decision within thirty days -- Instead, the PIO requested the Petitioner to inspect records, which did not constitute a proper decision -- The Court held that this failure entitled the Petitioner to receive the information free of charge under Section 7(6) -- The Court quashed the impugned order and directed the PIO to furnish all requested information within one week free of charge

Headnote

The High Court of Bombay at Goa quashed and set aside the order dated 09.12.2024 passed by the State Information Commission which dismissed the Petitioner's appeal under the Right to Information Act, 2005 (RTI) -- The Petitioner had sought specific information through application dated 01.09.2023 including certified copies of Demarcation Reports, plans, file noting, and orders from the Inspector of Survey and Land Records (ISLR), Pernem for the period from 01.01.2023 -- The Court held that the information sought was specific and ought to have been maintained in digital form by the public authority as mandated by Section 4(2) of the RTI Act -- The Public Information Officer (PIO) failed to communicate a decision within thirty days as required under Section 7(1) of the Act -- Instead, the PIO requested the Petitioner to inspect records and obtain certified copies, which did not constitute a proper decision under Section 7(1) -- The Court found that the PIO's communication dated 21.11.2023, which came after the thirty-day period, entitled the Petitioner to receive information free of charge under Section 7(6) -- The Court directed the PIO to furnish all information sought in the application dated 01.09.2023 within one week free of charge

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Issue of Consideration: Whether the State Information Commission erred in dismissing the Petitioner's appeal when the Public Information Officer failed to comply with the statutory timeframe under Section 7(1) of the Right to Information Act, 2005

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Final Decision

The Court quashed and set aside the impugned order dated 09.12.2024 passed by the State Information Commission -- Rule was made absolute in terms of prayer clause (a) -- The Court directed the PIO to furnish all information sought in application dated 01.09.2023 within one week free of charge

2026 LawText (BOM) (02) 82

Writ Petition No. 113 of 2026

2026-02-13

Valmiki Menezes J.

2026:BHC-GOA:244

Mr. Vishal Sawant, Mr. Geetesh Shetye

Shri. Narayan Suresh Pai

Ms. Vinita V. Kambli, Public Information Officer (PIO), Inspector of Survey and Land Records, Pernem-Goa, Inspector of Survey and Land Records, Public Information Officer (PIO), M/s Vinita V. Kambli, Pernem-Goa

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Nature of Litigation: Writ Petition challenging order of State Information Commission

Remedy Sought

Petitioner sought quashing of State Information Commission order and direction to PIO to provide information

Filing Reason

State Information Commission dismissed Petitioner's appeal under RTI Act

Previous Decisions

State Information Commission order dated 09.12.2024 dismissed Petitioner's appeal

Issues

Whether the State Information Commission erred in dismissing the appeal when the PIO failed to comply with Section 7(1) of RTI Act Whether the Petitioner was entitled to receive information free of charge under Section 7(6) of RTI Act

Submissions/Arguments

Petitioner argued that information sought was specific and PIO failed to comply with statutory timeframe Respondent's position not explicitly stated in judgment

Ratio Decidendi

When a Public Information Officer fails to communicate a decision on an information request within thirty days as mandated by Section 7(1) of the Right to Information Act, 2005, the applicant becomes entitled to receive the information free of charge under Section 7(6) of the Act -- Public authorities must maintain records in digitized form accessible to the public as per Section 4(2) of the RTI Act

Judgment Excerpts

The application is very clear and seeks the following information: Certified copies of Demarcation Reports and plans carried out since 01.01.2023 till date by this office at Pernem, Goa Sub Section 2 of Section 4 of the RTI Act, mandates that every public authority shall maintain all its records under the catalogue and index, in the manner and form such that it facilitates the citizens to obtain the information easily Under Sub Section 1 of Section 7, the PIO is required to take a decision as to whether the information is to be granted or not within thirty days of the application Considering that there was no compliance by the PIO with the provision of Sub Section 1 of Section 7, on the decision to be communicated within thirty days, the Petitioner shall now be entitled to get the information sought by him free of charge

Procedural History

Petitioner filed RTI application on 01.09.2023 -- PIO failed to communicate decision within thirty days -- Petitioner filed appeal -- State Information Commission dismissed appeal on 09.12.2024 -- Petitioner filed Writ Petition No. 113 of 2026 -- High Court heard matter finally with consent of parties