WP(C) 4657/2011 BEFORE HON’BLE MR. JUSTICE A.K. GOSWAMI Heard Mr. B. Banerjee, learned counsel for the petitioner. Also heard Ms. V.L. Sinha, learned Additional Senior Government Advocate, Assam appea ring for the respondents. On the last occasion, i.e. on 11.11.2011 this Court had passed the following order - 11.11.2011 Mr. Banerjee, learned counsel for the petitioner submits that he may be given some time to obtain instructions from his client regarding the prop osal given by the Court to approach the Information Commission if the order of t he appellate authority is not complied with by the PRO. Prayer allowed. List the case on 28.11.2011. Mr. Banerjee submits that he has not been able to obtain any ins tructions from his client in terms of the order dated 11.11.2011. To a pointed query of this Court, the learned counsel for the pe titioner submits that the appeal preferred by the petitioner before the Assam In formation Commission dated 25.01.2011 is still pending disposal. The petitioner had sought for certain information by filing an app lication u/s 5 of the Right to Information Act, 2005, to the Block Development O fficer, Hailakandi Development Block, on 5.10.2010 and it in this connection th at the appeal was preferred u/s 19 of the Right to Information Act, 2005, before the Assam Information Commission. Mr. Banerjee submits that till date the petitioner has not been f urnished with the information/documents required by the petitioner and it is in these circumstances that the petitioner has approached this Court for an appropr iate direction. Ms. V.L. Sinha, on the other hand, submits that as the appeal is pending before the Assam Information Commission, this application under Article 226 of the Constitution of India is not maintainable and the petitioner should agitate his grievances before the appellate authority, i.e. the Assam Informatio n Commission. As the petitioner himself has admitted that the appeal is pending b efore the respondent No. 3, the Assam Information Commission, it will be only pr oper for the petitioner to approach the Assam Information Commission with regard to the grievances raised by the petitioner in the present writ petition. There is also a letter dated 25.5.2011 issued by the Under Secretary, Assam Informatio n Commission, to the Project Director, DRDA, Hailakandi with reference to the pe tition dated 12.01.2011 submitted by the petitioner whereby the Commission had d irected the Project Director, DRDA, Hailakandi to furnish compliance report to t he Commission. In view of the aforesaid position, the writ petition is not entertained any further and the petitioner is at liberty to approach the Assam Information C ommission to ventilate his grievances regarding non-furnishing of information/do cuments. Needless to say that the Assam Information Commission shall also dispose of the appeal preferred by the petitioner within a reasonable time. Writ petition stands disposed of.