S.S.Saron, J. - (1.) S.S.Saron, J. This civil miscellaneous application has been filed under Section 152 of the Code of Civil Procedure ('C.P.C.' for short) for correcting the order dated 5.8.2003 passed by this Court which reads as follows:- "In this petition, the petitioners have prayed for quashing order dated 22.9.1998 (Annexure-P.4), passed by District Development and Panchayat Officer-cum-Collector, Amritsar (respondent No.2) vide which he directed Tehsildar, Baba Bakala to obtain the possession of land specified therein and hand over the same to Gram Panchayat Budha Theh through its Sarpanch. Although, the parties have filed detailed pleadings, we do not consider it necessary to notice the averments contained in the writ petition and the written statement because at the hearing learned counsel for the parties agreed that the impugned order could not have been passed without initiating proceedings under Section 7 or 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act') and that no such proceeding had, in fact, been initiated. Apart from the fact that the learned counsel for the parties have fairly made an agreed statement on the legality of the impugned order, we are convinced that respondent No.2 could not have ordered dispossession of the petitioners without taking action under Section 7 or 11 of the Act. Hence, the writ petition is allowed and order Annexure-P.4 is quashed. However, it is made clear that the order passed in this petition shall not adversely affect any other proceeding pending between the parties before any other judicial forum."
(2.) The correction that has been sought is for deleting the words "or 11" in the above order. Learned counsel for the applicants contends that the words "or 11" in paras 2 and 3 of the above said order are liable to be deleted. It is contended that while recording the contentions of the learned counsel appearing for the respective parties, it has been mentioned that the impugned order could not have been passed without initiating proceedings under Sections 7 or 11 of the Punjab Village Common Land (Regulation) Act, 1961 ('Act' for short) and that no such proceedings had, in fact, been initiated. However, proceedings under Section 11 have been initiated which is subject matter of C.W.P. No.11722 of 1999 titled as Kashmir Singh v. Joint Development Commissioner, Punjab. Therefore, it is contended that the words "or 11" are liable to be deleted. Learned counsel appearing for the respondents have no objection to the deletion of the words "or 11" in the order dated 5.8.2003.
(3.) It is accepted that in fact proceedings under Section 11 of the Act are subject matter of decision in Kashmir Singh's case (supra). In view of the admitted stand of the parties, the words "or 11" in paras 2 and 3 of the order dated 5.8.2003 are deleted and the order is corrected accordingly.;