Surya Kant, J. - (1.) This order shall dispose of CWP Nos. 13354, 13355 and 15491 of 1993 as there is a commonality on the point in issue. The facts are being extracted from CWP No. 13354 of 1993. The petitioner is a resident of Village Shampur, Tehsil and District Fatehgarh Sahib. He has laid challenge to the order dated 13.11.1992 (P - 4) passed by the Collector, Fatehgarh Sahib ordering his eviction under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short 'the 1961 Act') as well as order dated 26.8.1993 whereby the Joint Development Commissioner exercising the powers of Commissioner has dismissed his appeal in limine.
(2.) The Gram Panchayat of Village Sidhuwal -respondent No. 3 instituted an ejectment application under Sec. 7 of the 1961 Act alleging inter alia that the petitioner had unauthorisedly occupied the Panchayat land comprising khasra No. 11//14/2(0 -13), 23/2(2 -9), 24/3 (1 -6) situated within the revenue estate of Village Shampur. The petitioner contested the claim of Gram Panchayat on the plea that the land was never used for any common purpose; it was mustarkan malkaan and he was in its cultivating possession to the extent of his share. The Collector did not accept the petitioner's plea and passed and other connected matters the ejectment order dated 28.2.1990.
(3.) The petitioner went in appeal which was allowed by the Commissioner vide order dated 27.3.1991 and the matter was remanded to the Collector for fresh adjudication after scrutinising the documentary evidence on record.;