Criminal Misc. No.M-29711 of 2009(O&M) -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-29711 of 2009(O&M) Date of decision : 30.10.2009 Avtar Singh .....Petitioner Versus State of Punjab and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. R.S.Dhaliwal, Advocate for the petitioner. Mr. B.B.S.Teji, Assistant Advocate General, Haryana S. D. ANAND, J. Criminal Misc. No.55258 of 2009 Allowed as prayed for. Annexures P-1 to P-3 are taken on record. Criminal Misc. No.55259 of 2009 Allowed as prayed for. Criminal Misc. No.M-29711 of 2009 It is common ground that the initial mutation, following the allotment of land under the orders of the Collector, Agrarian, came to be entered/sanctioned on 31.5.2007. At that point of time, the petitioner was not posted over there as Patwari. He was given additional charge of the relevant area only with effect from 15.10.2007 and he retained that charge upto 31.12.2008. The relevant entries was made by the petitioner on the basis Criminal Misc. No.M-29711 of 2009(O&M) -2- *** of revenue record. He could not have access to the documentation (allotment deed made under the orders of the Collector, Agrarian) which only could have indicated that the land could not have been sold for a period of 15 years. In the light of the above facts, the plea raised on behalf of the petitioner is that the petitioner cannot be validly blamed on the indicated charge because initial mutation was sanctioned during the tenure of the then incumbent of the office of Patwari of the relevant village. Learned State Counsel is also not in a position to deny that it was some other Patwari who was holding the office on 31.5.2007 when the initial mutation came to be sanctioned. Without expressing any opinion on merits, the petitioner is ordered to be released on bail to the satisfaction of the learned Trial Court. October 30, 2008 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter: Yes/No Criminal Misc. No.M-29711 of 2009(O&M) -3- ***