- (1.) By invoking Article 227 of the Constitution of India the present petition has been directed against order dated 8.10.2015 (Annexure P-7) passed by the Additional Deputy Commissioner (D)-cum-Collector, Fatehgarh Sahib whereby the application filed by the petitioners and proforma respondents under Order 7, Rule 11 of the Code of Civil Procedure (in short "CPC") for rejection of the petition, has been dismissed.
(2.) The contesting respondents Ram Rattan and others filed a petition under Section 11 of the Punjab Village Common Lands (Regulation)Act, 1961 (for short "the Act") for deciding the question of title in the suit land. As per allegations raised in para 4 of the petition, grievance of the contesting respondents is that in the column of ownership, a change has been wrongly made showing the proprietors as owners of the land.
(3.) The petitioners and proforma respondents filed an application under Order 7, Rule 11 CPC for rejection of the petition inter alia on the ground that the petition is not maintainable. It is also averred that the decrees had been passed against the Gram Panchayat before Amendment Act No. 19 of 1976 came into force and thus no written statement was necessary to be filed. The said application came to be dismissed vide impugned order dated 8.10.2015.;