In a sharp indictment of bureaucratic red tape, the Orissa High Court has set aside an order of the State Information Commission that dismissed an RTI appeal filed by one Hemanta Nayak, a resident of Bhadrak district. Justice V. Narasingh, hearing the case on October 9, 2025, directed the Commission to reopen the matter and decide it afresh, calling the earlier order "mechanical" and "devoid of application of mind."
Background
The dispute began in 2017, when villagers of Kuansh in Bhadrak complained to the Chief Secretary of Odisha about alleged encroachment of government land - identified as Plot No. 1765 (Jalasaya land). They sought its restoration to government records and eviction of illegal occupants.
Despite repeated letters from the Revenue and Disaster Management Department, Board of Revenue, and Revenue Divisional Commissioner, the authorities failed to take visible action. Frustrated by the silence, Nayak sought details under the Right to Information Act, 2005, asking what steps had been taken on their petition.
However, the Public Information Officer (PIO) of Bhadrak Tahasil claimed that "no such representation was available." The first appeal yielded no relief either. The Second Appeal before the State Information Commission met the same fate when, in February 2024, the Commission simply accepted the Tahasildar’s statement that “information was already provided” and closed the case.
Court's Observations
Justice Narasingh was unambiguous in his criticism. After reading the file trail, the Court noted that multiple government offices had acknowledged the villagers’ 2017 representation, making the Tahasildar's claim that no record existed "baffling and contradictory."
"It is indeed baffling," the bench observed, "that the authorities claim the representation is not available but at the same time assert that a point-wise reply was provided."
The judge remarked that such inconsistent stands showed "apathy of the highest order" and revealed how easily citizens’ rights could be buried under "officialdom and red tapism."
He went on to remind officials that the RTI Act was enacted to promote transparency and accountability in governance, not to frustrate citizens. Referring to the intent of Parliament, Justice Narasingh noted,
"If such stand of the State authorities is accepted at their face value... the right of a citizen to get information would be a dead letter."
The Court even drew a literary comparison to Franz Kafka’s "The Trial," remarking that the petitioner’s ordeal resembled Kafka’s protagonist "Josef," who was trapped in a nightmarish bureaucracy designed to confuse.
Decision
Finding "non-application of mind" by the Information Commission, the High Court quashed its order dated February 26, 2024, and remitted the case back to the Commission for a fresh hearing. Both parties have been directed to appear before the State Information Commission on October 27, 2025, and the Commission must conclude the matter within 45 days thereafter.
In a rare gesture, the Court also imposed a ₹50,000 cost on the Tahasildar, Bhadrak, to be paid to the petitioner by December 9, 2025, noting that the citizen's prolonged struggle for basic information deserved compensation. The State Government was given liberty to recover the amount from the responsible officials.
With that, the writ petition was disposed of, ending nearly seven years of bureaucratic indifference faced by the villagers of Kuansh.
Case Title: Hemanta Nayak v. State of Odisha & Others
Case Number: W.P.(C) No. 12399 of 2024
