Amar Dutt, J. - (1.) Mohinder Singh and five others have filed the present petition to challenged the order dated 9.11.1998 passed by the Asstt. Collector First Grade, Pehowa, Annexure P -2 and the order passed by the Collector, Kuruk -shetra on 27.1999, Annexure P -4.
(2.) According to the petitioners they are owners in possession of the land in dispute situated in village Bakhli in accordance with their shares since the time of their forefathers as per the jamabandi for the year 1944 -45. Gram Panchayat Bakhli, Respondent No. 3 had moved an application under Sec. 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred to as the Act) claiming ownership of the land in dispute. This application was contested by the petitioners in their reply in which the question of title was raised on the basis of ownership and continuous possession. The mutation which was sanctioned in favour of the Gram Panchayat on the basis of an administrative letter, according to the petitioners, had no sanctity in law and would not effect ownership rights of the petitioners. Respondents No. 2 had vide order Annexure P.2 observed that prima facie question of title of the respondents were not proved over the land in dispute and adjourned the case for final arguments on 1.12.1998. The petitioners had preferred appeals against this order which was rejected by a consolidated order passed by Respondent No. I on 27.1.1999. The orders passed by the Collector and the Assistant Collector First Grade, Respondents No 1 and 2, which the petitioners seek to challenge in this petition on the basis of a Division Bench Judgment of this Court reported in Rajbir and Ors. v/s. The Assistant Collector 1st Grade, Narwana., 1992 1 P.L.R. 123.
(3.) On behalf of the respondents no reply has been filed and rather Respondent No. 3 has moved an application conceding that while deciding an application under Sec. 7(3) of the Act, the authorities would be competent to go into the question of title of the parties and decide the same.;