Appeal 174/SIC/2010-R- on 17/12/2014

GOA STATE INFORMATION COMMISSION

Ground Floor, Shrama Shakti Bhavan, Patto Plaza, Panaji-Goa.

CORAM: Smt. Leena Mehendale, State Chief Information Commissioner

Appeal No.174/SIC/2010

Decided on: 17/12/2014

Mr. Cosmas Jose Pinto

R/o. H. No. 131, Nadora,

P.O. Colvale,

Bardez, Goa. ….. Appellant.

V/s

1. Public Information Officer,

Mamlatdar of Bardez,

Mapusa, Goa.

2. First Appellate Authority

Deputy Collector and SDO Bardez,

Mapusa, Goa. ….. Rspondents.

O R D E R ( Open Court )

RTI Application dated: - 19/03/2010

PIO reply on: - 16/04/2010

First Appeal Filed on: - 01/06/2010

FAA Order dated: - 18/06/2010

Second Appeal filed on: - 19/07/2010

1. This second appeal arises out of RTI application dated 19/03/2010 made before the PIO/Mamlatdar of Bardez, Mapusa, Goa regarding certified copies of mutation register in Form No.IX.

2. The Appellant has remained absent throughout the matter except on first two dates of hearing that is on 03/09/2010 and 18/10/2010 even though the then SCIC was working till July 2012. So also the PIO has remained present only upto 10/12/2012 and has thereafter remained absent. None have

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appeared after hearing was resumed w.e.f November 2013. Hence the last chance notice was also issued to the appellant on 2/05/2014 and he has still remained absent.

3. The RTI questions reads as follows:

“Please issue me the names of holders in the above 22 plots shown in the Serial No. 248 prior to the Mutation carried out prior 1962 in the above case. Certified copies from the Mutation Register in the above case is required by me of the original owners”.

4. On 16/04/2010 he was given a copy of Form No. IX regarding Mutation Case No. 248 of 09-11-1971 which was part available with him.

5. Whereas he had asked for Mutation entry carried out in 1962, he has clarified this in his letter dated 21/04/2012 stating that “The 22 plots claimed by Maggie Pinto in 1971 at the time of Survey after liberation belonging to absentee owners.

1. What is required is the names of actual owners prior to the Survey which is reflected in the Revenue Matrix Certificates.
2. The Mutation of actual owners on the basis of claim made by Massie Pinto through Form IX without legal documents.
3. The required information should be available in the Mutation Register that time with the Talathi Nadora/Revora.
4. What documents were availed by Massie Pinto to substantiate her claims at that time.
5. In Case No. 18/17/2009/LRC-MISC/3261 with the Dy. Collector. Her son Philip Santana Pinto has produced Form IX vide his claims and no documents. “

6. He has also given reminder on 27/04/2010 and on 25/05/2010. Thereafter he made first appeal which was dismissed on the ground that the respondent PIO has furnish information to the appellant.

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7. I have perused the RTI application dated 19/03/2010 which catologically asked for mutation entry effected in 1962 and the reply of the PIO which gives Form No. IX Mutation entry details dated 9/11/1971. Thus the FAA has not properly looked into the matter. The FAA has also not considered the clarification of the appellant dated 21/04/2010. Thus the matter appears

to be fit for remanding to the FAA. However, the appellant has not persued the matter at all after initially filing the second appeal. It is likely that the information has ceased to be of any relevant to him.

8. According it is order that the appellant if he is still interested, should inform the FAA within three months of receiving this order that he wants to persue first appeal afresh. If he so obliged FAA should fixed hearing in the of appellant letters dated 19/03/2010 and 21/04/2010. It was denied to issue order on basis of available records. I have perused the records and pass following order:

O R D E R

With the above direction to the appellant and the FAA this second appeal is remanded subject to the condition that the appellant has to inform his willingness to reopened the first appeal within three months.

(Leena Mehendale)

Goa State Chief Information Commissioner,

Panaji – Goa.