- (1.) This order shall dispose of CWP Nos. 23820, 24735, 24767 of 2013 and CWP Nos. 620 to 624 and 730 of 2014, as common question of law and facts are involved in these cases. For convenience, the facts are being taken from CWP No. 23820 of 2013. The petitioner impugns the orders dated 31.03.2011 and 19.11.2012 (Annexures P-5 and P-6, respectively) ordering her eviction from the land measuring 3 marlas situated in Village Rania, Tehsil and District Gurdaspur, as well as the order dismissing her appeal against the eviction order.
(2.) The eviction order was passed pursuant to an application moved by respondent No. 3 under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961.
(3.) Two fold contentions are raised on behalf of petitioner. Firstly, it is argued that small piece of land was allotted to her by respondent No. 3-Gram Panchayat out of "Jumla Mushtarka Malkan Land" for the construction of house as her family is landless inhabitant of the village; secondly, the Collector under the Punjab Village Common Lands (Regulation) Act, 1961 has got no jurisdiction to order the eviction in respect of the land described as "Jumla Mushtarka Malkan", as held by this Court in the case of Mithu Singh and another v. Director Rural Development and Panchayat Department, Punjab, 2012 4 RCR(Civ) 149.;