- (1.) By way of this order, we shall dispose of Civil Writ Petition Nos. 13257, 9128 and 9939 of 1989, as they involve adjudication of similar questions of fact and law. Facts necessary for adjudication of these petitions are being taken from Civil Writ Petition No.13257 of 1989, but wherever necessary, facts of the other petitions shall also be referred to.
(2.) Counsel for the petitioner submits that as during consolidation it came to light that there was no "Shamilat Deh", in the revenue estate, consolidation authorities applied a pro-rata cut on the holdings of proprietors and created "Jumla Mushtarka Malkan" land. The land was, however, wrongly shown as "Shamilat Deh" or ownership of "Nagar Panchayat". The petitioner in Civil Writ Petition No.13257 of 1989 is in possession of 48 kanals of land, bearing Khewat No.115, khasra no.33min, since 1958-59. The petitioner in Civil Writ Petition No.9128 of 1989 is in possession of 60 kanals of land, bearing Khewat No.115, Khasra No.33min and the petitioner in Civil Writ Petition No.9939 of 1989 is in possession of 12 kanals of land, bearing Khewat No.110, Khasra No.33min. A perusal of the Misal Haqiat, Annexure P-1 fortifies the petitioner's possession over the land in dispute.
(3.) It is further submitted that the petitioner in CWP No.13257 of 1989, filed a civil suit for permanent injunction, in 1979, which was decreed by restraining the Gram Panchayat for taking forcible possession. The appeal filed by the Gram Panchayat was dismissed on 07.10.980. The Gram Panchayat, thereafter, filed a petition for ejectment of the petitioners under the Gram Panchayat (Common Purpose Land) Eviction and Rent Recovery Act, 1976 before the District Development and Panchayat Officer exercising the powers of Collector, Kapurthala. The petitioner produced an "INTKHAB" (extract) of the revenue record, which clearly proves that the land in dispute belongs to proprietors and has been in possession of the petitioners since 1957-58. It is also pointed out that in Civil Writ Petition No.13257 of 1989, the Collector has allowed the application for ejectment, by holding that the land being "Jumla Mushtarka Malkan" vests in the Gram Panchayat for management and control.;