- (1.) The challenge in this writ petition filed under Articles 226/227 of the Constitution of India is to order dated 07.01.2011 (Annexure P/2) passed by the District Development and Panchayat Officer, Bathinda (exercising the powers of Collector, Bathinda) ordering eviction of the Petitioners from the land subject matter of the petition under Sections 3 and 4 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the ''Eviction Act'') and order dated 20.09.2011 (Annexure P/3) passed by the Joint Development Commissioner (I.R.D.) Punjab (exercising the powers of the Commissioner) dismissing the appeal filed by the Petitioners.
(2.) The Gram Panchayat, Village Gatwali, Tehsil Talwandi Sabo, District Bathinda, filed a petition under Sections 3 and 4 of the Eviction Act for delivery of vacant possession of land measuring 97 kanals 9 marlas as described in the petition. The primary ground of the Gram Panchayat is that the land in question although is mentioned as ''Jumla Mushtarka Malkan'' but its ownership vests in the Gram Panchayat, Gatwali. This matter has been decided by this Court on 08.05.2000 in C.W.P. No. 6165 of 1997 whereby order of the Additional Director, Consolidation, Punjab, Mohali, has been set aside and the land in question was reverted in the name of ''Jumla Mushtarka Malkan Hasab Rasad Khewat''. Even the SLP against the order has been dismissed by the Hon'ble Supreme Court. Thereafter, mutation No. 2572 of that effect has also been sanctioned on 25.10.2000 by the Assistant Collector Second Grade, Talwandi Sabo.
(3.) We have heard learned Counsel for the parties and have perused the record.;