Gauhati High Court
WP(C)/5145/2026 of SAHAB UDDIN BARBHUIYA Vs ASSAM INFORMATION COMMISSION AND 3 ORS on 4 October 2026
GAHC010202542026 2026:GAU-AS:14881 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5145/2026 SAHAB UDDIN BARBHUIYA SON OF LATE SAMSUL HOQUE BARBHUIYA, RESIDENT OF VILLAGE BHATI SANGJURAI, P.O. KALIBARI BAZAR, P.S. ALGAPUR, DISTRICT
GAHC010202542026
2026:GAU-AS:14881
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5145/2026
SAHAB UDDIN BARBHUIYA
SON OF LATE SAMSUL HOQUE BARBHUIYA, RESIDENT OF VILLAGE
BHATI SANGJURAI, P.O. KALIBARI BAZAR, P.S. ALGAPUR, DISTRICT
HAILAKANDI, ASSAM, PIN -788150
VERSUS
ASSAM INFORMATION COMMISSION AND 3 ORS
TO BE REPRESENTED BY THE STATE CHIEF INFORMATION
COMMISSIONER, GODAPANI PATH, JURIPAR, PANJABARI, GUWAHATI - 781037, ASSAM.
2:THE FIRST APPELLATE AUTHORITY (FAA) CUM DISTRICT ELEMENTARY
EDUCATION OFFICER
HAILAKANDI
EDUCATION COMPLEX
NEAR DRDA OFFICE
HAILAKANDI TOWN
P.O. DISTRICT HAILAKANDI
ASSAM
PIN -788151
3:THE PUBLIC INFORMATION OFFICER (PIO) / DISTRICT ELEMENTARY
EDUCATION OFFICER
HAILAKANDI
EDUCATION COMPLEX
NEAR DRDA OFFICE
HAILAKANDI TOWN
P.O. AND DISTRICT HAILAKANDI
ASSAM
PIN - 788151.
4:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO)
HAILAKANDI
ELEMENTARY EDUCATION BLOCK
DISTRICT HAILAKANDI
ASSAM
Advocate for the Petitioner : MR. A M S MAZUMDER, A W BARBHUIYA
Advocate for the Respondent : GA, ASSAM, MR D DEKA, SC, ASSAM INFORMATION
COMMISSION,SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
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ORDER
Date : 05-10-2026 Heard Mr. A.M.S. Mazumder, learned counsel for the petitioner; Mr. D. Deka, learned Standing Counsel, Assam Information Commission for the respondent no. 1; and Ms. K. Das, learned Standing Counsel, Elementary Education Department for the respondent nos. 2 – 4.
2. Aggrieved by non-disposal of an appeal filed by the petitioner under Section 19[3] of the Right to Information [RTI] Act, 2005 by the respondent no. 1, the petitioner is before this Court by the present writ petition seeking inter alia a direction to the respondent no. 1 to dispose of its two appeals, stated to have been filed on 22.05.2026.
3. As the petitioner had stated that he had filed two appeals under Section 19[3] of the RTI Act before the respondent no. 1, the learned Standing Counsel, Assam Information Commission was asked to obtain instructions as regards the present status of the appeals, stated to have been filed by the petitioner under Section 19[3] of the RTI Act after rectifying the deficiencies indicated by the
Commission on 22.04.2026.
4. Today, Mr. Deka, learned Standing Counsel, Assam Information Commission has submitted, on instruction, that the appeal filed by the petitioner has been registered as Appeal no. 781987/(HLK)/11/2026/12 and the commission is in process of consideration of the appeal in due course by issuing notice to the concerned parties.
5. As the appeal filed by the petitioner has already been registered as Appeal no. 781987/(HLK)/11/2026/12, this writ petition is disposed of with a direction to the respondent no. 1 to consider and dispose of the appeal as expeditiously as possible, preferably within a period of three months from today, in accordance with law.
JUDGE Comparing Assistant