1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 7343 of 2008 SATISH @ PILOT V/S STATE Mr. KR BHATI, for the appellant / petitioner Mr. JPS CHOUDHARY, PP, for the respondent Date of Order : 14.1.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI C M TOTLA,J. ORDER ----- Heard learned counsel for either side. The petitioner's prayer for shifting to open air camp jail has been dismissed by the impugned order dated 12.6.2008 only on the ground that the prisoner is permanent resident of Punjab. It is contended by the petitioner that the petitioner is a resident of Ganganagar District in Rajasthan, he has already enjoyed parole for about 10 times, and is in custody for last 11 years. A rejoinder has been filed by the prisoner supported by the affidavit of his cousin brother, annexing therewith a copy of transfer certificate from the headmaster, Vikas Public School, Ladhuwala, District Sriganganagar, showing that the prisoner was admitted in the school as Class-IV passed candidate on 10.7.1987, and had left the school on 14.5.1988 for seeking education at 2 other place. Likewise, a certificate from the Sarpanch of Gram Panchayat 15 SPM, Tehsil Sadulshahar has also been produced, certifying that the family of the prisoner is living in Chak 17 SPM (Godhuwali), Tehsil Sadulshahar, District Sriganganagar for last 26-27 years. These documents have not been controverted on the side of the respondents, and it is also not shown that despite the family living in Rajasthan for last 26-27 years i.e. practically since the birth of the prisoner, or even a bit earlier, the petitioner would be continued to be treated to be a permanent resident of Punjab only. In view of the above, we do not find the order refusing to shift the petitioner in open air camp jail to be sustainable. The same is, therefore, quashed, and the concerned authorities are directed to expeditiously re- examine the matter on merits, about the petitioner's entitlement to be shifted in open air camp jail, treating him to be resident of Rajasthan. It is clarified that in consideration of the petitioner's case on merits, about transfer to open air camp jail, the rejection order will not be taken into consideration. ( C M TOTLA ),J. ( N P GUPTA ),J. /tarun/