S.D.M. Sadar is neither providing information under R.T.I. Act 2005 nor performing its duties in transparent and accountable way


Registration Number DMOMR/A/2022/60024
Name Kamlesh Singh
Date of Filing 11-06-2022
Request filed with DISTRICT MAGISTRATE OFFICE MIRZAPUR
 Contact Details  
Telephone Number 9454416808
Email-ID adm.lr.mi-up@gov.in

Online RTI Appeal Form Details
Public Authority Details :-
   
* Public Authority DISTRICT MAGISTRATE OFFICE MIRZAPUR
   
Personal Details:-
* Name Kamlesh Singh
Gender Male
* Address Village Kothra Kantit , Post Shree Nivas Dham, Police station Jigna
Pincode 231313
State Uttar Pradesh
Educational Status Illiterate
Phone Number Details not provided
Mobile Number +91-8127195424
Email-ID myogimpsingh[at]gmail[dot]com
Citizenship Indian
* Is the Applicant Below Poverty Line ? No
First Appeal Details u/s 19(1) :-
Registration Number DMOMR/A/2022/60024
Date of Filing 11/06/2022
Concerned Appellate Authority Nodal Officer
Phone No Details not provided
Email Id Details not provided
* Ground For Appeal No Response Within the Time Limit
((Description of Information sought (upto 500 characters) )
* Prayer or Relief Sought Registration Number DMOMR/R/2022/60028 Name Kamlesh Singh Date of Filing 02/04/2022Status REQUEST FORWARDED TO PIO as on 04/04/2022Details of PIO :- Telephone Number:- , Email Id:-Note :- You are advised to contact the above mentioned officer for further details.Think about the gravity of the situation. How can information seekers make contact to PIO because neither Telephone Number nor Email Id is available. It is Eleventh of June 2022 which implies that two months 10 days passed since the date when R.T.I. Application was submitted by the information seekers to seek information. This implies the public information officer in the office of the Sub divisional Magistrate Sadar District Mirzapur violated the subsection 1 of section 7 of the R.T.I. Act 2005. The stipulated time to provide information under subsection 1 of section 7 of the R.T.I. Act 2005 is 30 days. Think about it, * Concerned PIO Sunil Kumar Designation Tehsildar District Mirzapur in the government of Uttar Pradesh does not know about the prescribed time 30 days to provide information to the information seekers under subsection 1 of section 7 of the R.T.I. Act 2005.Undoubtedly we are facing a crunch of intelligentsia class in the public offices in the government of Uttar Pradesh resulting in a manifold increase in the lawlessness and anarchy in the public offices. I think that other colleagues are also not so entitled that they may point out the lacunae and mistakes committed by public information officers. They never touch the book once after getting the job somehow. Talent is god gifted which is bestowed by the God to its devotees.  
PIO may provide the following information point wise as follows. 
 1-Provide the notings made on the aforementioned plaint by the staff of public authority dealing with the aforementioned communication. 
2-Provide the name and designation of the staff currently dealing with the aforementioned communication. 
3-Provide the action taken report by the Sub divisional Magistrate Sadar on the aforementioned plaint. 
Supporting document ((only pdf upto 1 MB)) Supporting document not provided
RTI Application Details u/s 6(1) :-
Registration Number DMOMR/R/2022/60028
Date of Filing 02/04/2022
PIO of Public Authority approached Sunil Kumar
Designation Tehsildar
Phone No
Email Id
PIO Order/Decision Number Details not provided
* PIO Order/Decision Date

Registration Number DMOMR/A/2022/60024
Name Kamlesh Singh
Date of Filing 11/06/2022
Status RTI APPEAL RECEIVED as on 11/06/2022
  Nodal Officer Details  
Telephone Number 9454416808
Email-ID adm.lr.mi-up@gov.in
Registration Number DMOMR/R/2022/60028
Name Kamlesh Singh
Date of Filing 02/04/2022
Status REQUEST FORWARDED TO PIO as on 04/04/2022
Details of PIO :- Telephone Number:- , Email Id:-
Note :- You are advised to contact the above mentioned officer for further details.
  Nodal Officer Details  
Telephone Number 9454416808
Email-ID adm.lr.mi-up@gov.in
Online RTI Request Form Details
Public Authority Details :-
   
* Public Authority DISTRICT MAGISTRATE OFFICE MIRZAPUR
   
Personal Details of RTI Applicant:-
Registration Number DMOMR/R/2022/60028
Date of Filing 02/04/2022
* Name Kamlesh Singh
Gender Male
* Address Village Kothra Kantit , Post Shree Nivas Dham, Police station Jigna
Pincode 231313
State Uttar Pradesh
Educational Status Details not provided
Phone Number Details not provided
Mobile Number +91-8127195424
Email-ID myogimpsingh[at]gmail[dot]com
Citizenship Indian
* Is the Applicant Below Poverty Line ? No
RTI Application Details u/s 6(1) :-
((Description of Information sought (upto 500 characters) )
* Description of Information Sought Information seeker is a plaintiff in the following case and sent this plaint to sub divisional Magistrate Sadar on 25 March 2022 and the department of post delivered the speed post on 26 March 2022 quite obvious from the speed post tracking attached to the R.T.I. Application. An application/ Litigation under section 116 of the U.P. Revenue Code 2006, U.P. Act No. 8 of 2012 Last Updated 30th March 2021 to seek its share of Land and other properties from Raghuvar Dayal Singh S/O Bhanu Pratap Singh and restrain him from arbitrary sale of transitory land inherited from inheritors. Petitioner is a son of Raghuvar Dayal Singh having share rights in the entire property inherited from ancestors to  Raghuvar Dayal Singh as inheritance so Kindly grant reprieve to litigant so that his rights may not be encroached from arbitrary action perpetrated by his own father.  In the court of   Hon’ble Sub divisional Magistrate Sadar                          District: Mirzapur, Uttar Pradesh Prayer - Please direct concerned staff of Tahsil Sadar to divide the entire properties both movable and immovable unpartitioned land and sold properties illegally by Raghuvar Dayal Singh without consent of stakeholder between stakeholder Kamlesh Singh in the name of father  Raghuvar Dayal Singh S/O Bhanu Pratap Singh. It is my humble request to the Honourable Sir to restrain  opposition party Raghuvar Dayal Singh S/O Bhanu Pratap Singh from selling more transitory land inherited from ancestors without dividing stakeholder Kamlesh Singh and Raghuvar Dayal Singh as illegal acts are being committed by him arbitrarily. For more feedback, vide document to this application.
PIO may provide the following information point wise as follows. 
1-Provide the notings made on the aforementioned plaint by the staff of public authority dealing with the aforementioned communication.
2-Provide the name and designation of the staff currently dealing with the aforementioned communication.
3-Provide the action taken report by the Sub divisional Magistrate Sadar on the aforementioned plaint. 
* Concerned PIO Sunil Kumar
Designation Tehsildar
Phone No
Email Id
Supporting document ((only pdf upto 1 MB))
Allahabad High Court
Mohit vs State Of U P And 5 Others on 10 August, 2021
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 19048 of 2021
 
Petitioner :- Mohit
 
Respondent :- State Of U P And 5 Others
 
Counsel for Petitioner :- Rajesh Kumar
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
Hon'ble Ajay Bhanot,J.

The proceedings under Section 116 of the U.P. Revenue Code were taken out by respondent no. 4 which came to be registered as Case no. 2444/16 (Computer Case No. T-20161506072444) (Santa Vs Mohit and others) before the Sub Divisional Officer, Tehsil-Sagari, District-Azamgarh.

All the parties to the suit are members of the same family. The suit is for partition of the land holding of the family.

Sri Rajesh Kumar, learned counsel for the petitioner contends that delay in disposal of the suit is causing great inconvenience to the parties and is also causing estrangement of relations within family. He further submits that the matter was posted for arguments for final hearing on 13.02.2019, after the complainant had submitted that he does not wish to introduce any evidence. Learned counsel for the petitioner submits that the procedure and the time period for decision of the partition suit instituted under Sections 116 and 117 of the U.P. Revenue Code, 2006 is prescribed in meticulous detail in Rule 109 (10) of the U.P. Revenue Code Rules, 2016. Reference is made to Rule 109 (10):

"109 (10) The Sub-Divisional Officer shall make an endeavor to decide the suit within the period of six months and if the suit is not decided within such period, the reason shall be recorded."

The only prayer made by Sri Rajesh Kumar, learned counsel for the petitioner is that the proceedings registered as Case no. 2444/16 (Computer Case No. T-20161506072444) (Santa Vs Mohit and others) under Section 116 of the Uttar Pradesh Revenue Code, 2006 may be decided within a reasonable period of time.

Learned Standing Counsel submits that the authorities are under an obligation of law to make efforts to decide the proceedings under Section 116 of the Uttar Pradesh Revenue Code, 2006 within the period prescribed in the statute.

From the order-sheet no satisfactory reason is disclosed regarding deviation from the time period provided in the statute.

No lis can remain pending indefinitely before a court of law. Prolonged pendency of a lis without good cause may lead to miscarriage of justice. There is no reasonable cause for delay in the final decision in the case.

No useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court.

The matter is remitted to the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh.

A writ in the nature of mandamus is issued commanding the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, to execute the following directions:

(I) The learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall decide the proceedings registered as Case no. 2444/16 (Computer Case No. T-20161506072444) (Santa Vs Mohit and others) under Section 116 of the Uttar Pradesh Revenue Code, 2006 within a period of six months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad.

The computer generated copy of such order be self attested by the counsel of the party concerned and the authority/official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.

(II) All parties to the lis shall be given an opportunity of hearing before the final order is passed.

(III) All parties to the lis are directed to cooperate with the proceedings before the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh.

(IV) In case any party does not cooperate in the proceedings before the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, or adopts dilatory tactics, the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall record a finding to this effect and proceed in accordance with law.

(V) The learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall give short dates in the proceedings.

(VI) The learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall not grant any unnecessary adjournment to the parties.

(VII) In case an adjournment is granted in the paramount interest of justice, the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall impose costs not below Rs. 500/- for each adjournment upon the party seeking adjournment.

(VIII) If necessary, the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall proceed on day to day basis to ensure that the above stipulated timeline of six months to decide the case is strictly adhered to.

(IX) This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of three months shall accordingly be enhanced.

With the aforesaid directions, the petition is finally disposed of.

Order Date :- 10.8.2021 Pravin 

1 Comments

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  1. This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of three months shall accordingly be enhanced.

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