42. CWP No.16431 of 2022 filed Cases not ● Threat based
by Sh. Sanjeev Singh R/o covered by ● No specific threat
Hoshiarpur v/s State of Punjab aforementioned
& others 3 security ● No norm
reviews ● 01 PSO as per Court
orders
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CWP Nos.11872 of 2022 & other connected cases 22
[14]. The aforesaid table contains the details of those
protectees whose security has been de-categorized, withdrawn
and even those whose cases are not covered in any of the
security reviews. Report of security reviews cannot be
reproduced in the order, being privileged documents as secrecy
is involved in respect of members of protection review groups
and security review committee. Different meetings were held by
the protection review groups and security review committees
having different compositions of police officers. Reports were
produced before the Court in sealed cover. After perusal of the
reports, the reports have been sealed again.
[15]. Evidently, the State security review held by the
Committee on 02.02.2022 in respect of 557 protectees has not
been leaked. The State security review done by the Committee
on 29.03.2022 has come under the public domain and so as the
later security reviews. This Court has seen the minutes of the
meeting with reference the recommendations made by the
Review Committee in respect of different protectees having
different categories of security covers. Security issue is not a
static phenomenon, rather it is a dynamic process. The security
reviews have to be done on periodical basis by assessing the
security threat of the protectees with the passage of time on the
basis of official inputs provided by the different agencies
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including State and Central agencies.
23. I have considered the law cited by the learned senior
counsel for the appellant in 2010(13) SCC 216, Municipal
Committee, Hoshiarpur vs. Punjab State Electricity Board, it is
of
clear that the Hon'ble High Court in exercise of jurisdiction under
Section 100 CPC can definitely go into the question whether the
rt
findings arrived at by the First Appellate Court and Trial Court are the
result of erroneous approach and in case the findings are perverse, the
appeal is maintainable, but in the present case the Court below has
considered all the material aspects of the case, documentary as well
as oral evidence led by the parties and the pleadings of the parties are
appreciated in their right perspective and the law has been applied
correctly. So, the law cited by the learned senior counsel for the
appellant (defendant) is not helpful to the appellant in this case and
the substantial question No. 2 is answered holding that the findings
recorded by the Court below are just, reasoned and after appreciating
the evidence and pleadings in their true perspective.
The next contention of the appellants is that the first
Appellate Court while considering the case put up by the
defendants based on adverse possession has ignored relevant
evidence. The Appellate Court in paragraph 18 of the judgment
has appraised oral evidence on the point of possession and
dispossession and relied on the evidence of P.W. 14 being a
witness from the boundary of the suit land who had deposed to
support the case of the plaintiff. The specific case of the plaintiff
that they continued in possession until dispossessed by the
defendants was also found support from Ext.E which is the order
passed in Case No. 512M/2001 wherein the defendants had
admitted that in the first week of December, 2001, the wall in
question was constructed by the ancestor of the defendants. The
Court below thus found much credence in the case of the plaintiff
that they were dispossessed in 2001. The Appellate Court thus
made independent assessment of the evidence and set out
Patna High Court SA No.347 of 2010 (8) dt.27-08-2014 9
reason(s) in support of the conclusions. Those findings do not
suffer from any perversity. They are not mere ipse dixit of the
Court or based on mere conjectures and surmises. If that be so
then these findings/conclusions cannot be flawed. The Apex Court
in Municipal Committee, Hoshiarpur vs. Punjab State Electricity
Board (2010) 13 SCC 216 in paragraph 28 opined as under:
Similarly, despite the strenuous
argument made by the learned Senior Counsel for the appellant, this court is
of the considered opinion that there is nothing from which it can be held that
the concurrent findings recorded by both the courts below is vitiated by
perversity, as such, the case of Municipal Committee, Hoshiarpur (supra),
cited on the point does not appear to help the appellant in any way.
However, the ratio of
the judgment "Municipal Committee, Hoshiarpur versus Punjab
State Electricity Board & Ors". 2011 (1) CPC 7" is not applicable in
the present case. In this case complainant meter was 200/5 CT and
one phase was wrongly connected. After checking, meter was
removed and handed over to Baljit Singh SDO City Sunam, who
sealed the disputed meter against seal No.250363 dated 12.10.2011.
After that new meter was installed vide MCO No.035/10156 dated
19.08.2011. Meter was not challenged by the complainant regarding its
correctness. On 18.11.2011 reading of new meter was KWHVAH
F.A. No. 463 of 2014 6
10358 as reported by Sh. Surjit Singh SDO. On calculating reading
from 12.10.2011 to 18.11.2011(ExR14) 223 units were recorded by
new installed meter. Account of the complainant was overhauled as
per regulations of OPs and demand notice No.1892 dated 24.08.2011
to the tune of Rs14,17,832/- was issued to complainant.
25. The Petitioners attack Annexure P/1 order referring to the violation
of the principles of natural justice as well, in so far as no notice or opportunity
of hearing was given; nor any assessment was made as to the determination
of the quantum of liability, unlike in the case of assessment of tax under
various statutes. The fixation of liability towards the EDC is clear and certain,
by virtue of the rate/quantum mentioned under Section 3(1) of the 1981 Act.
The liability of the Distributor to satisfy the Cess at the above rate with
respect to number of units and the necessity to file return under Rule 7(1) of
the Rules, 1949 before the Electrical Inspector are also clear and definite.
Since the number of units sold/supplied/ used by the Distributor is clearly
within the knowledge of the Distributor and since the 'rate per unit' is also
clearly stipulated in the statute itself, the rest is for the Petitioner/Distributor to
show the relevant figures in the return to be filed before the Electrical
Inspector after satisfaction of the duty in terms of Rule 3 of the Rules, 1949.
There is no ambiguity/obscurity in any manner and the statute does not
envisage issuance of any notice as to the fixation of liability. This is
something like the satisfaction of the tax payable in respect of motor vehicles
under the Motor Vehicles Taxation Act and such other similar statutes. When
the statute is a 'self-contained' one as to the rate and the manner of
satisfaction, fixing the extent of liability upon the Distributor, the alleged
violation of the principles of natural justice with reference to non-issuance of
19
notice or opportunity of hearing is not correct or sustainable and is
unfounded. This being the position, the reliance sought to be placed on
Kothari Filament v. Commissioner of Customs {(2009) 2 SCC 198
paragraph 15}, Municipal Committee, Hosiarpur v. Punjab State
Electricity Board, {(2010) 13 SCC 216, paragraphs 31 to 36}, Kesar
Enterprises Limited v. State of Uttar Pradesh, {(2011) 13 SCC 711,
paragraphs 23, 30 to 36} and Swadeshi Cotton Mills Ltd. Union of India,
{(1981) 1 SCC 664, paragraphs 21 to 45} in respect of the violation of
principles of natural justice is quite out of context and is not applicable.
In view of the aforesaid the decision of the Apex Court in the case of D.N. Joshi (Supra), Municipal Committee, Hoshiarpur (Supra), Yadarao Dajiba (Supra), mere concurrent findings will not be an impediment to set aside the two impugned judgments.