Criminal Misc. No.M-34405 of 2008 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-34405 of 2008 Date of decision : 24.12.2008 Surender ....Petitioner Versus The State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. A.S.Trikha, Advocate for the petitioner S. D. ANAND, J. Criminal Misc. No.60536 of 2008 Allowed as prayed for. Criminal Misc. No.M-34405 of 2008 The petitioner has the apprehension that his agriculture parole plea is not being initiated by the Superintendent Jail in view of the fact that there is no any agricultural holding in own name of the petitioner. Notice of motion. On the asking of the Court, Mr.S.S.Mor, learned Senior Deputy Advocate General, Haryana accepts notice on behalf of the respondents. In support of the averment that the petitioner is a co-sharer in the ancestral land, reliance is placed upon Annexure P-1 (Jamabandi) and Annexure P-1 (Panchayatnama). As per the latter document, father of the petitioner aged 70 years is in ailing condition and had given his agricultural holding to his three sons including the petitioner-prisoner. It is further averred in the panchayatnama that two sons of Atter Singh (other than the petitioner) are separate in mess and residence from the family and it is only the petitioner who is expected to cultivate the land on behalf of his father. A co-sharer in ancestral land cannot be denied the opportunity to cultivate his own share in the land. Even otherwise, he must make his Criminal Misc. No.M-34405 of 2008 -2- *** own contribution in the form of labour by cultivating that ancestral land in the name of his father particularly when the latter had given it to him for cultivation. The petition shall stand disposed of with a direction to the competent authority to take a decision on the pending parole plea of the petitioner-prisoner in the light of the observations made by this Court within one month from today. 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. Copy of this order be given dasti to the learned counsel for the petitioner on payment of usual charges. December 24, 2008 (S.D. ANAND) Pka JUDGE