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The farmer was depriving of essential farming tools for five years.The court clarified that the state could recover the compensation amount from the erring police officials. Taking strong exception to Faridabad police seizing the tractor and fodder cutting machine of a farmer without even registering any case, the Punjab and Haryana high court directed the Haryana government to pay Rs 3 lakh compensation to him.
Taking strong exception to Faridabad police seizing the tractor and fodder cutting machine of a farmer without even registering any case, the Punjab and Haryana high court directed the Haryana government to pay Rs 3 lakh compensation to him. The farmer was depriving of essential farming tools for five years.
The court clarified that the state could recover the compensation amount from the erring police officials. HC also held that apparently the police had acted in connivance with some private persons who brought the tractor and the fodder cutting machine of the petitioner to a police station in relation to some financial dispute.
Justice Raj Mohan Singh of the HC has passed these orders while disposing of a petition filed by Birwati alias Birbeti, a resident of Tigaon in Faridabad district.
"Since the petitioner has been deprived of the tractor and thrasher for about five years, therefore I deem it appropriate to burden the state of Haryana with a cost of Rs 3 lakh to be paid to the petitioner as compensation towards likely damage to the tractor/thresher and mental harassment meted to the petitioner during this period. State can recover the said amount from the erring police officials by fixing their liabilities," observed the court in its April 5 orders.
As per police investigation reports, placed before the HC after the matter had reached the court, petitioner`s husband Paras Ram had taken an advance loan of Rs 1 lakh from the another villager Mahipal and his father. When the loan amount was allegedly not paid by the petitioner`s husband, their tractor along with a fodder cutting machine were taken away from their house by Mahipal and his father in connivance of assistant sub-inspector Tej Ram of Tigaon police station in April 2012.
No entry regarding these vehicles was made in the police station record but the equipment were lying unattended near the police station for the past five years.
The petitioner could not even get the vehicle from local court on "superdari" (an order of court required to get the impounded case property) because the tractor/fodder cutting machine were not officially property of any case in the record of the police station.
Finally, the petitioner had approached the HC to get the vehicles.
"I am constrained to say that the petitioner has been deprived of an important agricultural tool for a period of about five years without there being any involvement of the same in any criminal case. Once the tractor is found parked in front of the police station, a poor person cannot dare to take it away against the wishes of the police.
"The police has derelicted in performance of its duty and the petitioner has been made to suffer on account of evil design of the complainant party in collusion with the police," held the court while directing police to release the tractor to the petitioner.
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