- (1.) CIVIL Writ Petitions Nos. 956, 1039, 1040, 1320, 3529, 3638, 3639, 3640 and 3641 of 1984 involve a common question of law and fact. Therefore, we shall dispose of these writ petitions by this judgment.
(2.) THE primary question of law that has been referred by the learned single Judge for consideration of the Division Bench is as to whether the punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short, "the Eviction Act") is the statute or the Punjab Village Common Lands (Regulations) Act, 1961 (for short, "the Common Lands Act) that would cover a case of eviction of an alleged unauthorized occupant of Shamilat deh land.
(3.) THE Gram Panchayat, respondent No. 3. filed an application under S. 5 and 7 of the Eviction Act before the Collector against the writ petitioner/writ-petitioners. The Collector ordered eviction on 22-4-1981. The appeal against the order of the Collector was dismissed by the Commissioner on 8-6-1983. Aggrieved by the orders passed by the Collector and the Commissioner, the petitioner/petitioners filed these writ-petitions for quashing the impugned orders on the ground that the Authorities under the Eviction Act were not competent to evict the petitioner/petitioners from the shamilat deh land.;