Harjinder Singh v. Permanent Lok Adalat And Others








 

 


  























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As per oral as well as documentary on record. It has come on the record that the applicant received notice dated 16.07.2019 for a sum of Rs.18297/- for damage of electrical pole and wires. It has also come on record that the applicant deposited the same with respondent no.3 The applicant has not disputed that he has not installed the tubewell on his land. It has come on record that on the basis of Ex.R-4 the respondent made the enquiry which was conducted by the JE concerned and he found a sum of Rs. 18297/- is liable to be recovered from the applicant for the damage to electrical line and pole. The applicant has deposited the same vide receipt Ex.A-5 on dated 16.07.2019.

9.

Now the applicant has filed the present application for the refund of Rs. 19000/- which he had deposited with the department. The applicant come with the plea that he deposited the amount under pressure as the department threaten him to take legal action against him, he further alleged that when he demanded the copy of the complaint. The department also refused to hand over the same when he applied under RTI act despite that the complaint was not given to him as per perusal of Ex.A-6 where the department has mention in the reply given under RTI act that the complaint has already given in written to the department that his name will not be

 
disclose nor copy of complaint be given to anyone. Therefore, department under section 8 (1) of the RTI refused to give the copy of the complaint to the applicant. Therefore, we are of the opinion that it is the prerogative of the complaint whether the copy be supplied to anyone or not. The main dispute is regarding the damage of the property of the respondent no.1. The applicant nowhere stated that he has not installed the tubewell nor the damaged property of the department nor he made any complaint to higher authority regarding his innocence but deposited the amount on the same day when he received the letter dated 16.07.2019 and he deposited the amount of Rs.18297/. The applicant has nowhere pleaded the documents refer to in written statement by the respondents are false.

Since the applicant placed on record his affidavit alongwith affidavit of Jaswal Singh and according to him he had not seen any person or labour to brought any machine for installation of the tube well but the complainant written to the department that the wires will be corrected and supply will be given to him so his crop will not be damaged on which basis the enquiry was conducted and damaged was found. The applicant has also nowhere denied that the JE concerned has not visited on the spot and made the enquiry the applicant in our opinion produced half baked evidence which is not enough to discard and rebut the content and reliable evidence of the respondent. To sum up in our opinion that the applicant has not been able to show that memo no.709 dated 11.07.

2019 are wrong and illegal rather on the contrary respondent able to show that on basis of letter date 11.07.2019. The applicant has deposited an amount of Rs. 18297/- therefore, we don't find any merit in the case set up by the applicant, hence Award is declined.


after completion be consigned to the record room. Copies of order be supplied to the parties free of cost."

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