IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.2071 of 2010 Date of decision: 24.12.2010 Mukesh ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Surender Deswal, Advocate for the petitioner Mr.Amandeep Singh, AAG, Haryana *** Ram Chand Gupta, J.(Oral) The present petition has been filed by petitioner Mukesh under Article 226 of the Constitution of India read with Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 to quash the impugned order dated 9.3.2010 (Annexure P-1) and direct the respondents to release him on parole for four weeks for house repair. Reply has already been filed on behalf of respondent-State. I have heard learned counsel for the parties and have gone through the whole record carefully. It has been stated in the reply filed on behalf of respondent- State that the District Magistrate, Panipat got verified the facts given by the petitioner in his petition through Superintendent of Police, Panipat, who intimated that the convict is a permanent resident of Azad Nagar, Police Station Chiksan, District Bharatpur (Rajasthan) and there is no house in his name in Vikas Nagar, Nangal Kheri, District Panipat. Further stated that CRWP No.2071 of 2010 -2- however, there is a plot of 100 sq. yards in the name of convict's wife. Hence, it has been stated that the convict intends to come on parole on the facts, which have been found false and the District Magistrate did not recommend his release on parole and accordingly, his request was declined by the competent authority i.e. Commissioner, Rohtak Division, Rohtak. Hence, in view of these facts, it cannot be said that any illegality has been committed by the competent authority in passing the impugned order declining the request of the petitioner to grant him house repair parole. The present petition is, hereby, dismissed. However, it is made clear that the petitioner shall be at liberty to apply for release on parole afresh on any other ground available to him under the Act and the Rules. December 24, 2010 (RAM CHAND GUPTA) gsv JUDGE