HEMANT GUPTA - (1.) CHALLENGE in the present petition is to an order dated 22.11.2011 (Annexure P-1), passed by Commissioner Division Gurgaon, Gurgaon, rejecting the claim of the petitioner for parole for agricultural purpose for the reason that the petitioner is the owner of the land though his father Balwan Singh is the owner of the same.
(2.) WE do not find that the said reasoning given by the learned Commissioner is justified. Petitioner has sought parole for agricultural operations keeping in view the fact that the father of the petitioner is not well which is mentioned in the Recommendations of Panchayat (Annexure P-2). We find that when the father of the petitioner, who is the owner of the agricultural land is not in a position to cultivate the same, the petitioner is required to cultivate the same. Therefore, the reasoning given by the learned Commissioner declining the parole is wholly illegal and unreasonable.
(3.) THUS, the petition is allowed. The petitioner is directed to be released on parole to the satisfaction of the Competent Authority. Copy of this order be given dasti under the signatures of the Bench Secretary.;