Criminal Misc. No.M-34405 of 2008 -1-
***
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-34405 of 2008
Date of decision : 24.12.2008
Surender ....Petitioner
Versus
The State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. A.S.Trikha, Advocate for the petitioner
S. D. ANAND, J.
Criminal Misc. No.60536 of 2008
Allowed as prayed for.
Criminal Misc. No.M-34405 of 2008
The petitioner has the apprehension that his agriculture parole
plea is not being initiated by the Superintendent Jail in view of the fact that
there is no any agricultural holding in own name of the petitioner.
Notice of motion.
On the asking of the Court, Mr.S.S.Mor, learned Senior
Deputy Advocate General, Haryana accepts notice on behalf of the
respondents.
In support of the averment that the petitioner is a co-sharer in
the ancestral land, reliance is placed upon Annexure P-1 (Jamabandi) and
Annexure P-1 (Panchayatnama). As per the latter document, father of the
petitioner aged 70 years is in ailing condition and had given his agricultural
holding to his three sons including the petitioner-prisoner. It is further
averred in the panchayatnama that two sons of Atter Singh (other than the
petitioner) are separate in mess and residence from the family and it is
only the petitioner who is expected to cultivate the land on behalf of his
father.
A co-sharer in ancestral land cannot be denied the opportunity
to cultivate his own share in the land. Even otherwise, he must make his
Criminal Misc. No.M-34405 of 2008 -2-
***
own contribution in the form of labour by cultivating that ancestral land in
the name of his father particularly when the latter had given it to him for
cultivation.
The petition shall stand disposed of with a direction to the
competent authority to take a decision on the pending parole plea of the
petitioner-prisoner in the light of the observations made by this Court within
one month from today. It will be for the State counsel to communicate the
order to the competent authority.
Copy of the order be given to the learned State counsel under
the signatures of the Court Secretary.
Copy of this order be given dasti to the learned counsel for the
petitioner on payment of usual charges.
December 24, 2008 (S.D. ANAND) Pka JUDGE