Second appeal against tehsildar Sadar Lalta Prasad for not providing information




 Welcome UPICR20240000149

UTTAR PRADESH INFORMATION COMMISSION

Second Appeal under section 19(3) of the Right to Information Act, 2005

Appeal Registration Number - A-20240800353

Appellant's Particulars

Applied Date : 05/08/2024 07:43:38 AM

Name Yogi M P Singh

Gender Male

State UTTAR PRADESH

District MIRZAPUR

Town/Village मिर्जापुर

Pincode 231001

Mobile Number 7379105911

Email yogimpsingh@gmail.com

Address सुरेकापुरम कॉलोनी जबलपुर रोड मिर्जापुर सिटी

Department

Department REVENUE DEPARTMENT (Tehsil/Block Office)

Division Mirzapur

District Mirzapur

Tehsil Mirzapur

Office Revenue Department ,Mirzapur Tehsil

Details of Request for obtaining information under section 6(1) of RTI Act, 2005

Date of RTI application under section 6(1) 09-05-2024

Is the Applicant below piverty line? No

Section 6(1) Application No. DMOMR/R/2024/60044

Section 6(1) Transaction ID DMOMRR20240000000052

Action Taken by Public Information Officer(PIO)

Answer of P.I.O. Answer incomplete/unsatisfactory/false/misleading etc.

Date of PIO Reply 15-05-2024

Public Information Officer Details

PIO Lalta Prasad Tehsildar

Address Public Information Officer Office - Revenue Department ,Mirzapur Tehsil

Pincode 231001

Mobile Number 9454416823

Email teh-sadar.mi@up.gov.in

Details of First Appeal

Date of First Appeal application under Section 19(1) 19-05-2024

FAA Asha Ram Verma SDM

Address First Appellate Authority Office - Revenue Department ,Mirzapur Tehsil

Pincode 231001

Mobile Number 9454416810

Email sdm-sadar.mi@up.gov.in

FAA Address Details

Answer of First Appellate Authority (FAA) There is no answer

Date of Order ---

Remarks

Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 Public information officer Denied information by taking recourse of Rule 42a First April authority did not entertain the appeal so action must be taken both public information officer and first appell

Other Supporting Documents

Document-1 Details Supporting document

Document-2 Details Appeal status

Hearing Option

Hearing Type Offline

Online Hearing Mobile ---

Online Hearing Email ---

Declaration

 I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.

Documents Enclosure

Scanned copy of the signed second appeal u/s 19(3) of the Right to Information Act,2005

Document-1

Document-2

Copy of PIO Reply

Copy of RTI Application under section 6(1)

Copy of First Appeal under section 19(1)

RTI Covering

First Appeal Covering

To

Chief Information Commissioner/ Companion Information Commissioners

7/7A, RTI Bhawan, Vibhuti Khand, Gomti Nagar Lucknow, Uttar Pradesh, PIN Code-226010

Details of the appellant-Mohalla Surekapuram colony, Jabalpur Road, Sangmohal post office, Districts   Mirzapur, Pincode            231001,State         Uttar Pradesh, Mobile number 7379105911

Details of the respondents-

1-PIO of Public Authority approached- Lalta Prasad

Designation           Tehsildar

Phone No    9454416823, Email Id    teh-sadar.mi@up.gov.in,

District-Mirzapur, PIN Code-231001

2-Concerned Appellate Authority   Asha Ram Verma

Phone No    9454416810, Email Id- sdm-sadar.mi@up.gov.in,

District-Mirzapur, PIN Code-231001

Prayer- Public information officer Denied information by taking recourse of Rule 4(2)(a). First April authority did not entertain the appeal so action must be taken both public information officer and first appellate authority.

Short submissions of the appellant are as follows.

1-     Most respected sir public information officer in the office of subdivisional magistrates Sadar denied information as follows. Section 4 (2) (a) of UTTAR PRADESH RIGHT TO INFORMATION RULES, 2015

Any request for obtaining information under the Act should fulfil

the following conditions:  The information sought should be a part of the record held by or under the control of the public authority concerned.

REQUEST REJECTED as on 03/03/2023

Reason for Rejection :- Rule 4(2)(a).

2- It is quite obvious that the public information officer denied the information by taking the recourse of Section 4 (2) (a) of UTTAR PRADESH RIGHT TO INFORMATION RULES, 2015.

3- The appellant is submitting the same pdf document which was earlier submitted by the appellant during the submission of the rti application on the rti portal of the government of Uttar Pradesh.

4- These three pages of the attached pdf document have been provided by the Lekhpal concerned of the Tehsil Sadar in his own handwriting which was taken from the record available in the record room of the Tehsil Sadar.

5- It is quite obvious that record is available in the record room of the public authority under the control of the record custodian so public authority cannot say that this information is not the part of the record held by the public authority.

6- Thus we see that denial of information by the public information officer of Tehsil Sadar by taking the recourse of the Section 4 (2) (a) of UTTAR PRADESH RIGHT TO INFORMATION RULES, 2015 is arbitrary and illegal.

7-Undoubtedly it is a precarious situation that the public information officer in the office of Sub divisional Magistrate Sadar Mirzapur could not understand the RTI application and rejected the application arbitrarily on the flimsy ground which is a mockery of the provisions of right to information act 2005.

8-The Right to information act 2005 was introduced by the government of India to promote transparency and accountability in the working of the public authorities but because of corruption in the public offices provisions of this act are being violated time and again by the public information officers.

9- The appellant sought following three point information from the public information officer in the office of subdivisional magistrates Sadar district Mirzapur which was denied by him.

1- Please provide the information regarding the transfer of the land which Patta was provided by Raja Vijayapur to the grandfather Mahadev Prajapati was transferred to the Ayodhya son of Mahesh.

2- It is quite obvious that on the second page of the attached pdf document, there is mentioned a decision dated 19 June 1963. Please provide the details of this decision including the name and designation of the government is staff who delivered this decision explicitly.

3- Tehsildar Sadar may provide the copy of these records available in the record room of the Tehsil Sadar which inspection was carried out on the request of the applicant which report is attached as the attached pdf document to the application.

This is a humble request of your applicant to you Hon'ble Sir that how can it be justified to withhold public services arbitrarily and promote anarchy, lawlessness, and chaos arbitrarily by making the mockery of law of land? There is need of the hour to take harsh steps against the wrongdoer to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this, your appellant shall ever pray for you, Hon’ble Sir.

Date-05/08/2024                                                Yours sincerely

 

Yogi M. P. Singh, Mobile number-7379105911,

Mohalla- Surekapuram colony, Jabalpur Road, District-Mirzapur, Uttar

Pradesh, PIN code-231001.

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