- (1.) This order shall dispose of CWP Nos. 23218, 23174 and 23517 of 2015 as common questions of law and facts are involved therein. For the sake of brevity, the facts are being extracted from CWP No. 23218 of 2015.
(2.) The petitioners who are residents of village Kamaska, Tehsil Ajnala, District Amritsar have been ordered to be evicted from the subject land, fully detailed in Para No. 4 of the writ petition, situated within the revenue estate of village Khizarpur, Tehsil Ajnala, District Amritsar. The eviction orders have been passed at the instance of the Gram Panchayat of their village in the petitions filed under Section 7 of the Punjab Village Common Lands [Regulation] Act, 1961. The appeal has also been turned down by the Commissioner-cum-Appellate Authority by way of common order whereby several appeals were decided and the facts of only one case have been referred to.
(3.) When this case came up for hearing, their learned counsel made a reference to the old revenue record to manifest that the predecessor-in-interest of the petitioners late Atma Singh was in individual cultivating possession of the subject land much before 26.01.1950. The Jamabandi for the year 1938-39 was relied upon to substantiate the plea. We, thus, directed the Tehsildar, Ajnala to remain present along with original revenue record and give us full description of the land which was owned by late Atma Singh.;