Hemant Gupta, J. - (1.) CHALLENGE in the present writ petition is to an order passed by respondent No. 2 - Director Rural Development & Panchayat Department, Punjab, exercising the powers of the Commissioner in terms of the provisions of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act) accepting the appeal filed by respondent No. 4 herein in proceedings under Section 7 of the Act initiated by the present petitioner against the said respondent. Learned Commissioner has returned a finding that possession of respondent No. 4 or his predecessors is proved since 1932 -33. Learned counsel for the petitioner seeks to dispute such finding by referring to the documents produced before the Authorities.
(2.) THE proceedings under Section 7 of the Act are summary proceedings, therefore, disputed question of fact cannot be decided in such proceedings. In view of the finding recorded, we find that the question of title arises for consideration and that question has to be decided by the Collector in terms of the provisions of Section 11 of the Act. In view of the above, it shall be open to the petitioner or any other interested person to invoke the jurisdiction of the Collector in terms of Section 11 of the Act to seek adjudication of the question of title over the land, subject matter of proceedings under Section 7 of the Act. Disposed of accordingly.;