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Prajesh Jehan (Ub)     01 September 2020

Rti rules

Sir,

  I approached Sub Registrar in Tamilnadu seeking certain information regarding my land sales.I asked the queries and asked them to clarify my queries through the information available in Government records.

But the PIO replied to all queries that "Opinion cannot be given as per RTI act" and rejected my RTI application.

I asked them to clarify my queries but the PIO gave reply like this. Does Opinion and advises cant be seek through RTI?.

Kindly clarify my issues..



 11 Replies

Dr J C Vashista (Lawyer)     02 September 2020

Neither facts vis-a'-vis your information sought through RTI Act, 2005 nor reply of PIO is clear.

Consult a local prudent lawyer with relevant communication /  record.

Prajesh Jehan (Ub)     02 September 2020

I asked the following queries under RTI

1.Whether Patta will be considered as a Title document?

2.Who will be considered as a owner of land. WHETHER the name of person in Title deed or name of person in Revenue documents?

3.Do revenue documents is alone accepted for land registration?

For all the above queries the PIO replied Opinion cannot be given under RTI

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     02 September 2020

Kindly note that under RTI Act, you can only seek information and not clarification.

1 Like

Kishor Mehta (CEO)     02 September 2020

Your three queries are seeking his opinion/advice which is not permissible under RTI act. You can seek only information. 

G.L.N. Prasad (Retired employee.)     02 September 2020

Under RTI, as a citizen, one has as a right can seek that information which is available on public record in the form of a material.

You have been raising the legal validity of documents from an officer who is concerned with the registration of those documents after collecting such fee and not concerned with the title of the property.  This may be your grievance against Registration or may be questioning his actions on such registration.   RTI is not for redressal of grievances and authorities can not be questioned on their actions under RTI.

It is the buyer's option to exercise such prudence and care while investing amounts in landed property.

Contact any local advocate with the facts and it takes less than 10minutes for his to go through such documents and give a valid legal opinion.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 September 2020

"Under the RTI Act, 2005, your queries submitted to the public information officer cannot be in question form… Under Section 2(f), which defines 'information' , questions have not been defined as information.

G.L.N. Prasad (Retired employee.)     02 September 2020

@Rama chary Rachakonda.   Sir, Sorry there is no such clause or stipulation RTI Act stating that queries can not be in question form.  The opinion that questions have not been defined as information is a mere assumption.   Ex IC Shailesh Gandhi in his decision has given clarification on such interrogative form of seeking information and ruled that the only criterion is to look as to whether that information is available in material form in his custody as a record irrespective of such style or form of query.

Ex: If someone seeks information from the President Secretariat What is the Date of birth of the present President?  CPIO of PS can not deny information stating that the query is interrogative in nature.   If information is available in the profile, he must provide it.

P. Venu (Advocate)     02 September 2020

Under RTI Act question could be asked, but they should relate to information, not opinions. You may try re-framing the RTI application.

Kishor Mehta (CEO)     03 September 2020

I am surprised the Hon.Experts are being sidetracked from the original query altogether. The querieist had asked for the opinion/advice of the CPIO which is absolutely not relevant under RTI. Ofcourse it is elementary that the query can be formated in question form provided only information is requested under RTI.

Prajesh Jehan (Ub)     03 September 2020

Sir

I didnt seek any personal  opinion or advice from CPIO. definitely the government should have setup a rule book for registration of land and documents necessary for registration. From that record the CPIO should have gave me the information for my queries.

Hope this is clear 

G.L.N. Prasad (Retired employee.)     03 September 2020

Mr.Prajesh,

When your query has sounded to many as you are seeking opinion, it should have appeared to PIO also.

PIO's word is not the end of the play.  You can go for the first appeal, seek a personal hearing, and get FAA orders.

You can also go for a second appeal to the Information Commission and then finally even to High Court.

For continuing this exercise except for registration expenses and one A4 appeal paper you need not spend any more.

If you are confident then you may continue the laid down process under RTI Act.

 


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