HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.21555 of 2010 Date: 19-10-2010 Between: Alapati Basava Purna Rao .. Petitioner And Government of Andhra Pradesh, Women, Children and Disabled Welfare Department, represented by its Secretary, Secretariat, Hyderabad and others .. Respondents Counsel for petitioner : Sri G.V. Gangadhar Counsel for respondent Nos.1 & 3 : Asst. Government Pleader for Social Welfare Counsel for respondent No.2 : Smt.Vijaya Lakshmi The court made the following : ORDER: This Writ Petition is filed for a mandamus to set-aside order dated 3-4-2010 of respondent No.4 and to declare the action of respondent Nos.1 to 3 in not furnishing the information sought by the petitioner as illegal, arbitrary and contrary to the provisions of the Right to Information Act, 2005 (for short “the Act”). I have heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Social Welfare and Smt.Vijaya Lakshmi, the learned counsel representing respondent No.2. The petitioner filed his application dated 4-10-2008 to respondent Nos.2 and 3 to furnish certified copies of the following documents : (i) The work order that was given to Sree Vishnu Enterprises, 4th line, Nehrunagar, Guntur by the then Director Dr.G.V.Hemalatha Devi, IRS vide Work order No.27093/IEC/2003-1, dated 3-4-2003 enclosing the list of books ordered from Sree Vishnu Enterprises & State Resource Centre, Hyderabad. (ii) The order placed by Department to Sree Vishnu Enterprises, Nehrunagar, Guntur. (iii) The order delivered district-wise to the Centre and the allotment of books. (iv) The number of consignments sent and the copies of the list from the District Centres received to the Department of Women Development and Child Welfare. (v) The payment of amount from the Department under D.Ds. of the Banks and the cheques with numbers and the amount with the account. (vi) The name of supplier of the books and the order of priority of handing over the books to the District Centres and their compliance to the Department. (vii) The letter given by the Sub-Inspector of Police, Arundalpet (L&O) P.S., Guntur to the Department and the letter sent or given by the then Hon’ble Commissioner Sri Rami Reddy. After exchange of certain correspondence between the petitioner and respondent Nos.2 and 3, the petitioner approached respondent No.4 by way of appeal under the provisions of the Act. Respondent No.4, by order dated 3-4-2010 has closed the appeal by holding that the information available with the public authorities was provided to the petitioner. At the hearing, the learned counsel for the petitioner submitted that though certain documents, such as the work order issued to M/s.Vishnu Enterprises, Guntur etc., were available with respondent Nos.2 and 3, the same were not furnished. However, a perusal of the order passed by respondent No.4 shows that the Administrative Officer representing respondent No.2 was present during the course of the hearing and filed affidavit of respondent No.2 stating that the SRC for Adult & Continuing Education, Hyderabad did not act upon the work orders No.2793/ICE/2003-2 dated 3-4-2003 from the Director, WD & CW Department, Government of Andhra Pradesh and they did not place any work order with M/s.Vishnu Enterprises, Guntur. It was further stated that subsequent to the orders dated 3-4-2003, the SRC for Adult & Continuing Education, Hyderabad did not receive any orders from the Director, WD & CW Department, Government of Andhra Pradesh and that a typographical error crept in their letter dated 25-3-2009 addressed to the petitioner and the work order No.2793/IEC/2003-1 dated 3-4-2003 which was mentioned in the said letter was a mistake and the same may be read as order No.2793/IEC/2003-2 dated 3-4-2003. It was further stated in the affidavit that the Commissioner of Women Development and Child Welfare submitted that in order to strengthen Anganwadi Centres in all aspects, during 2003, a set of 35 books were selected by the subject experts and orders were placed before the Secretary, Society of Promotion of Adult & Continuing Education-SPACE, State Resource Centre campus, O.U. road, Hyderabad for supply of the set of books to Anganwadi Centers and that as per their office records no orders were placed against M/s.Vishnu Enterprises, Guntur. It was further stated in the affidavit that on the information sought by S.I. of Police, Arundalpet in connection with Crime No.342/2004, the office of respondent No.2 has informed that the Department has not received any quotations for supply of books from M/s.Vishnu Enterprises, Guntur and that no contract was awarded to M/s.Sree Vishnu Enterprises, Guntur. Having been satisfied with the above information furnished by respondent No.2, respondent No.4 has passed the impugned order by holding that whatever information that was available with the office of respondent Nos.2 and 3, was provided to the petitioner. Having carefully considered the contents of the impugned order, I am of the opinion that the same does not suffer from any error and the Writ Petition is accordingly dismissed. As a sequel to dismissal of the Writ Petition, WPMP No.27404/2010 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY.,J Date : 19-10-2010 AM