- (1.) This writ petition has been filed with a prayer to quash order dated 23.10.2009 (P-5) passed by respondent No.3 vide which the petitioner was ordered to be dispossessed from the land in dispute and order dated 27.9.2012 (P-8) vide which appeal, filed by the petitioner against the above order, was dismissed.
(2.) Admittedly, the land in dispute is situated within abadi deh. The petitioner's ejectment was ordered on an application moved by the Gram Panchayat under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961 (in short 'the Act').
(3.) It was specific contention of the petitioner throughout that the land falls in abadi deh and it is not being used for common purposes, as such, it would not fall in the definition of shamlat deh land as given under Section 2 (g) of the Act. Matter came up to this Court in CWP No. 20950 of 2010. That writ petition was disposed of by a Division Bench of this Court on 16.2.2012 by observing as under :- "We have heard counsel for the parties and perused the impugned orders. Section 2(g)(1) of the Act, excludes land within Abadi deh from the definition of shamilat deh. However, Section 2 (g)(4) of the Act, provides that land within Abadi deh which is used or reserved for the benefit of village community including streets, lanes, play grounds, school, drinking wells or ponds shall be shamilat deh. A perusal of the evidence on record and finding recorded by the courts below reveal that no evidence has been adduced or finding recorded that the land was used for the common purposes as set out in Section 2 (g) (4) of the Act. The Courts below were required to record a finding in terms of Section 2(g)(4) of the Act, before passing the impugned orders. Consequently, we partly allow the writ petition, set aside the impugned orders and remit the matter to the Director, Rural Development and Panchayats, Punjab, to decide the appeal afresh and in accordance with law. Parties are directed to appear before the Director, Rural Development and Panchayats, Punjab, Vikas Bhawan, SAS Nagar (Mohali), on 2.3.2012.";