IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32118 of 2008 Date of Decision :December 05, 2008 Rafiq … Petitioner Versus State of Haryana and others. … Respondents CORAM : HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. Rahul Deswal, Advocate, for the petitioner. **** S.D. Anand, J. Crl. Misc. No. 56442 of 2008 Allowed, as prayed for. Crl. Misc. No. M-32118 of 2008 The agricultural parole plea of the petitioner – prisoner came to be declined by the Competent Authority by noticing the fact that there is no agricultural holding in the name of the petitioner. The grievance of the petitioner – prisoner is that there is indeed undivided ancestral property in the name of his father in which the petitioner has a share and he would be able to make his Crl. Misc. No. M-32118 of 2008 contribution, in the form of labour etc. towards the cultivation of that land. Notice of motion. On the asking of the Court, Mr.S.S. Mor, Senior Deputy Advocate General, Haryana, accepts notice on behalf of the State. In case of undivided ancestral property, even a son would have identified share and there is no understandable reason why he should be declined an opportunity to assist the family in cultivating the land. The petition shall stand disposed of with a direction to the Competent Authority to pass an order afresh, in the light of the facts noticed above, within one month from today. The release shall, of course, be subject to the furnishing of adequate surety etc. by the petitioner – prisoner. It will be for the State counsel to communicate the order to the Competent Authority. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. December 05, 2008 ( S.D. Anand ) vkd Judge 2