Asking High Court To Set Aside Affidavit Filed By Opposite Party Before Another Forum ‘Preposterous’: Karnataka HC
The Karnataka High Court has termed as ‘preposterous’ a petition filed by one Cheluvraju seeking to declare an affidavit filed by the Government of India before the Central Information Commission in his application, as bad in law. The petitioner had filed an application under the Right to Information Act before the Commission seeking certain information. Following the affidavit...
The Karnataka High Court has termed as ‘preposterous’ a petition filed by one Cheluvraju seeking to declare an affidavit filed by the Government of India before the Central Information Commission in his application, as bad in law.
The petitioner had filed an application under the Right to Information Act before the Commission seeking certain information. Following the affidavit filed by the Ministry of Housing and Urban Affairs the application made by the petitioner came to be dismissed.
However, the petitioner approached the court to declare the affidavit filed by the Ministry to be bad in law and did not challenge the order passed by the Central Information Commission.
A single judge bench of Justice M Nagaprasanna said “In effect, the petitioner seeks a writ at the hands of this Court to set aside the affidavit filed by the second respondent before the Central Information Commission.”
Following which it observed “The prayer that is sought is preposterous to say the least. Answering the writ in the nature of the prayer that is sought would be glorifying preposterousness.”
Accordingly it rejected the petition.
Case Title: Cheluvaraju And Information Commissioner, Central Information Commission & Others
Case No: WRIT PETITION NO. 16575 OF 2022
Citation: 2023 LiveLaw (Kar) 43
Date of Order: 19-01-2023
Appearance: Advocate Rajakumar M for petitioner.
CGC Adithya Singh for respondent