Criminal Misc. No. M-13564 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-13564 of 2011 Date of decision:-31.5.2011 Shyam Vir ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioner. Mr. Kshitij Sharma, AAG Haryana. RITU BAHRI J.(Oral) Reply has been filed on behalf of State. Same is taken on record. Grievance of the petitioner is that Naresh son of Sh. Dilla, Rakam son of Satte Ram, Suresh son of Sh. Sultan and Yasin have unauthorizedly occupied his land measuring 3 Kanals and 8 Marlas situated at Village Bapoli. The petitioner is a convict and is lodged in Tihar Jail No.4, New Delhi. As per reply, the petitioner has not constructed any varanda or cattle shed on the said plot nor has been sub divided it into small plots. A part of the plot measuring one Kanal falling to the Southern side has been sold by Rakam Singh son of Tarrif to Dharampal son of Nagda Ram for Rs.6,00,000/-. Rakam Singh son of Tarif is 'Samdhi' of the petitioner as the daughter of the petitioenr is married with son of Rakam Singh. During the inquiry Dharampal son of Nagda Ram joined the investigation and made statement that Rakam Singh had offered him to sell a portion of his plot as some money was required for the criminal case against the petitioner. Dharam Pal paid Rs.3,00,000/- to Criminal Misc. No. M-13564 of 2011 -2- Rakam Singh on 09.5.2007 in the presence of Issan Singh and Jagmal. Remaining amount of Rs.3,00,000/- were paid to Rakam Singh on 30.11.2007 and that was reduced in writing. According to Dharampal, he is in possession of the plot and is constructed a varanda and a cattle shed. The allegations of the petitioner have been found to be false. All the four persons named by the petitioner are having their houses across the street and towards the Eastern side of plot of the petitioner. They have not encroached the property of the petitioner. All the above persons are not involved in land grabbing activity. The detailed inquiry report by the DSP is (Annexure R-2). The petitioner has sold his plot in the year 2006 and has sold half canal to Riyasat Ali and 20 Marla to Dharam Pal. After taking the earnest money from both the persons they have built up their houses on their portion. Remaining plot of the petitioner is still lying vacant. In view of the above, no further orders are required to be passed in this criminal miscellaneous petition and the same is disposed of accordingly. May 31, 2011 ( RITU BAHRI ) Vijay Asija JUDGE