Criminal Misc. No. M-6887 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-6887 of 2009 Date of Decision: 10.3.2009 Balbir Singh and Others …Petitioners Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. P.S. Jammu, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioners are stated to be sons of Joginder Singh. Joginder Singh was in possession of land on payment of 1/3rd as batai. The amount of batai was not paid. Therefore, the Sub Divisional Officer (Civil), Ellenabad, passed the order for attachment and sale of the crop by way of auction. The crop was attached. Statement of Ashok Kumar, Chowkidar, under Section 161 Cr.P.C. was recorded. He stated that he saw the petitioners along with their father cutting the crop. Once crop was attached, Patwari was appointed to hold the auction. The act of petitioner in cutting the crop along with their father amount to theft of Government property. Even the submission of counsel that the order of attachment is appealable will make no difference as appeal was filed but order was not set aside by the Appellate Authority. Another submission made by the counsel that disobedience of the order amounts to Criminal Misc. No. M-6887 of 2009 2 contempt, therefore, no offence of theft is made out, cannot be accepted as contempt and penal proceedings, can continue simultaneously. No merits. Dismissed. (Kanwaljit Singh Ahluwalia) Judge March 10, 2009 “DK”