HEMANT GUPTA, J. - (1.) CHALLENGE in the present writ petition is to an order dated 05.10.1994 (Annexure P -4) passed by the Joint Development Commissioner, Punjab exercising the powers of Commissioner in terms of the provisions  of Punjab Village Common Lands (Regulations) Act, 1961 (for short 'the Act ') affirming the order passed by the Collector on 14.09.1992 (Annexure P -2) allowing an application filed by the Gram Panchayat - respondent No.3 under Section 7 of the Act.
(2.) THE Gram Panchayat sought eviction of the petitioner from the shamlat land alleging the petitioner to be unauthorized occupant. It was pleaded that the land is abadi and used for resting of animals. Earlier there was a well, where the people of village used to get water, but now is a part of plot measuring 200 ' x 45 ' over which the petitioner has taken unauthorized possession. The petitioner resisted the claim of the Gram Panchayat by asserting that the land was never used as the resting place of the animals nor there was any well. The Gram Panchayat has intentionally not disclosed the Khasra Number of the land in dispute nor produced any revenue record from which the ownership of the Gram Panchayat could be proved. It was denied that he is in unauthorized possession of the land in dispute. It was asserted that the possession of the petitioners over the land is since their forefathers.
(3.) IN evidence, Gram Panchayat examined PW -1 Harnek Singh, Samiti Patwari, who has prepared the map (Ex.P -1) on the spot and deposed that the land falls within Lal Lakir and it is used as resting place for animals and that a banian tree is standing on the land in dispute. PW -2 Lal Singh, Panch produced a resolution Ex.P -2 of the Panchyat. On the other hand, the petitioner examined RW -1 Hardial Singh, Draftsman, who prepared the map (Ex.R -1) of land in dispute after visiting the spot in which the construction raised by the petitioner is reflected in red colour; and RW -2 Balbir Singh - attorney of the present petitioner, who deposed that they are in possession since their forefathers.;