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Judicial proceedings & records can be accessed through RTI: CIC


Sajib Nandi
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A similar denial by Lokaykta for providing such record the basis on which decision was taken etc., of even by the affected party is pending before AP High Court. (Even in this case APSIC has ordered for providing of information but Lokayukt has gone for appeal before HC)

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  • 3 years later...

As per latest decision by supreme court civil case 1966-1967 of 2020 concluded that,  RTI cannot be invoked to obtain judicial copies. Established court rules is to be followed to obtain information.

I am facing similar issue. Suppose Tahsildar has file name say , "Ref X". And I filed an RTI for a complete copy of "Ref X" file. The file contains judicial copy as well as related letter which was not submitted in the court.

The PIO denied by request, quoting Supreme court decision 1966-1967 of 2020. And, asked me to approach court for judicial copies. How far this is justified??? 

Please help

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On 7/25/2021 at 6:43 PM, Prasad GLN said:

Any record available with public authority in material form is information under RTI.

The Supreme Court ruling applies to applications before Courts in which there was a laid down procedure for seeking certified copies of documents, long before RTI enactment.

PIO is smart and ask them (PIO/FAA)  to read the said judgment and enlighten him that it applies to those applications filed before Courts alone.

Go for first appeal or file fresh RTI Application seeking inspection and then select that file for providing of information and you can obtain desired information through certified copies.

Thanks a lot sir...

I have read the judgement and I was clear that the ruling applies for the document in the court.

My fahter in law is an Ex-Army, and he was granted 5 Acres of land via DKT patta. But, unaware, he did not make his pass book. With recent surge in land values. MRO and influential people are trying to grab the land. 

In fight for the justice. I filed nearly 100 RTI's in a  span of 6 months. It was like learning phase for me .. Each RTI Reply lead to another clue. But, Let me tell you. Not even a single reply had a complete answer I needed. 

Everytime they give half baked information.

Now, the issue I am facing is. Once RTI is filed.. They dont reply for 30 days.. then I file for 1st Appeal. Even Appelate authority is busy and he generally doesn't organize hearing..and 30 days goes by ... Hence most of my RTI are in the 2nd Appeal ( SIC Andhra). .. There is NO reply from SIC for months..... So, MRO / PIO are dare enough to just keep silent and NOT reply anything.

what should I do now .. can you please help sir

 

Edited by afzalphatan
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That is sad state of affairs in Andhra Pradesh.  Immediately after bifurcation, before shifting to Mangalagiri they have dumped the appeals, recruited local staff on outsourcing, information commissioners and Chief IC were not appointed.  At present  second appeals  are pending for more than 4 years and every second appeal is being rejected with flimsy grounds without adequate knowledge.

However, you have wasted a lot of time in wasteful correspondence on RTI and you can get a relief by filing writ in AP High court if your grievance is not settled by District Collector.

RTI is not a remedy and focus on remedy.  The situation in almost the same in entire AP as no one is serious and sincere in implementing RTI Act.

If your FIL is having a patta and name in revenue records there is nothing to fear and he can file grievance petition to District Collector.

Edited by Prasad GLN
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  • 2 weeks later...

T

On 7/28/2021 at 2:42 PM, Prasad GLN said:

That is sad state of affairs in Andhra Pradesh.  Immediately after bifurcation, before shifting to Mangalagiri they have dumped the appeals, recruited local staff on outsourcing, information commissioners and Chief IC were not appointed.  At present  second appeals  are pending for more than 4 years and every second appeal is being rejected with flimsy grounds without adequate knowledge.

However, you have wasted a lot of time in wasteful correspondence on RTI and you can get a relief by filing writ in AP High court if your grievance is not settled by District Collector.

RTI is not a remedy and focus on remedy.  The situation in almost the same in entire AP as no one is serious and sincere in implementing RTI Act.

If your FIL is having a patta and name in revenue records there is nothing to fear and he can file grievance petition to District Collector.

The whole story begins with Revenue records.

My FIL was granted DKT patta in 1993...Since then, bcoz of lack of knowledge my FIL didn't bother to make his passbook. 

later in 2005 after the formation of Road, the land values surged to skies.

MRO simply says that, they don't have details to whom DKT patta was issued in 1993 ( MRO said the same even to collector )

Mafia, along with MRO have also tampered 1B record, Adangals, other village accounts...

What is your suggestion on how to tackle this sir ??? If I go to courts ...  it is a never ending game.. 

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If there is any proof of patta given, you can enclose the copy of such patta and ask the tehasildar to show that land and get survey done.  Now, they are introducing new pass books.  In the state, several revenue records were tampered and now the state is bringing a law for all such corrections including registration to Village Sachivalayas.

The most important issue you are not stating is who is in possession and enjoyment of that land at present.

Please remember, that I have violated the discipline of the forum.  This forum is dedicated for guiding citizens in seeking information from public authorities under RTI Act and member should not and may not be competent to solve issues related to other matters like the present query.

Edited by Prasad GLN
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