Mahesh Grover, J. - (1.) This order will dispose of Civil Writ Petition No. 16222 of 1992 and Regular Second Appeal No. 765 of 2000, as they pertain to the same land.
(2.) In the writ petition, orders Annexure P/4 and P/5 are impugned having been passed under Section 7 of the Punjab Village Common Land Act, upon such an application being filed by the Gram Panchayat alleging that the present petitioner along with one Gurdas Singh was in unauthorised occupation of panchayat land. For the reference, relevant extract of the application highlighting the claim of the Gram Panchayat is extracted here as under:- " That the respondents Nos. 1 and 2 have taken forcible and illegal possession of the land detailed above in the head-note of the petition. They have never been inducted into the possession of this land by the petitioner Gram Panchayat/Gram Sabha of Village Bassi Daud Khan, Tehsil and District Hoshiarpur in any manner nor are they tenants or Chakotadurs of the petitioner Gram Panchayat/Gram Sabha of Village Daud Kahn Tehsil & District Hoshiarpur. The relevant copies of Khasra girdawari and jamabandi are attached herewith for ready reference."
(3.) The petitioner contended that this land is Jumla Mushtarka Malkan to which the proceedings Under Section 7 of the Punjab Village Common Land Act could not be attracted.;