CRM M-2600 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM M-2600 of 2009 Date of Decision: 2.9.2009 Rakesh and others ..Petitioners. Vs. State of Haryana ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Manjeet Singh, Advocate for the petitioners. Mr.Partap Singh, Sr.DAG Haryana for the respondent/State. Mr.D.S.Bali, Sr.Advocate with Ms.Nisha Goel, Advocate for the complainant. RAKESH KUMAR JAIN, J. ( Oral) The petitioner was granted interim bail on 29.1.2009. On 30.7.2009, the following order was passed by this Court: “The basic dispute in this case is as to whether the property which is alleged to have been taken in possession by the petitioner lies in Khasra No.544 or 545 because according to the petitioner he is the owner of the property which falls in Khasra No.544 whereas according to the complainant he owns the property which falls in Khasra No.545. There is a demarcation report (Annexure P-5) which came into being after registration of the FIR in which it has been opined by the Halka Kanungo that the property of the petitioner falls in Khasra No.544. The said demarcation report was the basis for submitting cancellation report by the prosecution but the cancellation report was not accepted by Court. Both the counsel for the petitioners and complainant have submitted that the area may be demarcated again at the instance of the Tehsildar, CRM M-2600 of 2009 -2- Bahadurgarh. Learned counsel for the State is directed to get the area demarcated through Tehsildar, Bahadurgarh and place a report on record on the next date of hearing. The demarcation be done after due notice to the parties. Adjourned to 2.9.2009. Interim order to continue. Copy of this order be given under the signatures of the Court Reader for compliance.” In pursuance of the above order, the land was demarcated by Tehsildar in the presence of the complainant. As per the report, the disputed property is prima-facie found in Khasra No.544. Be that as it may, without expressing any opinion on the merits of the case, order dated 29.1.2009 is hereby made absolute. They shall keep on joining the investigation as and when called for. They shall also abide by the provisions of Section 438(2) Cr.P.C. The petition is disposed of. (Rakesh Kumar Jain) 2.9.2009 Judge Meenu