Criminal Writ Petition No. 2054 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Writ Petition No. 2054 of 2011 Date of Decision: 18.10.2011 Rehmat Masih alias Billa ... Petitioner Versus State of Punjab and Others ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Avtar S. Khinda, Advocate for the petitioner. Mr. K.D.S. Sidhu, Additional Advocate General, Punjab, for respondents No.1 to 3. Mr. Naresh Prabhakar, Advocate for respondent No.4. None for respondent No. 5. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ in the nature of Habeas Corpus for release of Jhonny son of the petitioner, who was allegedly unlawfully detained at the brick kiln of respondent No.4. In pursuance of the order dated 5.10.2011, passed by this Court, the Warrant Officer had visited the brick kiln and found the detenue there. It has been specifically stated by the Warrant Officer as under:- Criminal Writ Petition No. 2054 of 2011 2 “...I asked the owner of the Brick Kiln as to why the person mentioned in the aforesaid Writ petition have been detained by him along with his Tractor. He denied the allegations and told me that he has not objection for going Mr. Johny along with Tractor- trolly. He was also gave his statements in this regard which is in Punjabi Script and the same are annexed as Annexure “A”. Munshi of the Brick Kiln has also gave his statement in which he has stated that the Tractor No. PB-41-P-9250 along with Trolly was detained by the owner of the Brick Kiln (Anneuxre “B”). However, detenue i.e. Mr. Johny was gave his statement in which he has stated that he was not detained by the owner of the Brick Kiln only tractor-trolly was detained by the owner of the Brick Kiln and he of his own will staying at Brick Kiln to guard his tractor-trolly. He was also gave his statement in this regard which is in Punjabi Script and the same are annexed as Annexure “C”. Detenue along with tractor-trolly released and handed over to the Petitioner...” Learned counsel for the petitioner has submitted that with the release of the alleged detenue, the present writ petition has been rendered infructuous and the same be disposed of as such. Mr. Naresh Prabhakar, Advocate, has caused appearance on Criminal Writ Petition No. 2054 of 2011 3 behalf of respondent No.4 and has submitted that the Warrant Officer has wrongly released the tractor trolley to the detenue and no statement was made by Vishal Soni, respondent No.4 and Harjit Singh, respondents No.5, to the Warrant Officer, as annexed with the report. Be that as it may, in the writ of Habeas Corpus, this Court is only concerned with the unlawful detention of the person. This Court cannot exercise its jurisdiction qua any moveable or immovable property. The concerned party, if so advised, may take recourse to its lawful remedy for determination of the ownership of the tractor trolley and as to who is entitled to its possession. As prayed, the present writ petition is disposed of as infructuous. (Kanwaljit Singh Ahluwalia) Judge October 18, 2011 “DK”