- (1.) Both the petitions involve identical questions of facts and law. Therefore, the same are being heard and disposed of together with the consent of learned counsel for the petitioners.
(2.) For the sake of brevity, facts of case CWP No. 12035 of 2011 are being taken.
(3.) Undisputedly, a proceeding under Section 7 of the Punjab Village Common Land (Regulations) Act, 1961 (hereinafter referred to as the 1961 Act) was initiated against the petitioners wherein eviction order was passed against the petitioners on 27.10.2009. Undisputedly, appeal filed by the petitioners against eviction order was also dismissed vide order dated 4.2.2010. Petitioners thereafter, had filed petition under Section 11 of the 1961 Act seeking declaration of their ownership over the property in dispute and restraint order restraining the Gram Panchayat from interfering with their possession over the property in dispute on 17.5.2010. Undisputedly, prior to the institution of proceeding under Section 11 of the 1961 Act seeking declaration, warrant of possession was issued against the petitioners on 7.12.2009 pursuant to the eviction order dated 27.10.2009. As per the claim of Gram Panchayat, petitioners were dispossessed and possession was taken by the Gram Panchayat pursuant to the warrant of possession dated 7.12.2009.;