Gokal Chand Mital, J. - (1.) THIS order will dispose of Civil Writ Petition Nos. 2192 and 2298 to 2302 of 1985, as common question arises therein For facility of reference, the facts of C.W.P No. 2192 of 1985 are being noticed. The facts in all other cases are also similar.
(2.) CHHAJU Ram Petitioner is a landlower within the revenue estate of village Khiala, Tehsil Pathankot District Gurdaspur, having a Gram Panchayat. In 1960 -61 there was consolidation in which S73 Kanals were carved out as Mustarka Malkan after imposing cat on the landlowers. The revenue records show that the aforesaid land was carved out after imposing cut on 135 landowners and in the revenue records it was shown in the ownership of Mustarka Malkan and other right holders in proportion to the land owned by them and separate pieces were shown in the individual cultivation of the writ Petitioners. Reference may be made to the Jamabandi for the year 1979 -80 Annexure P1. The Gram Panchayat considered that since land was shown in the name of Mastarka Malkan although it was owned by the proprietors of the village yet its management vested with the Gram Panchayat, and, therefore, they could evict the landowners who were in occupation thereof so that after getting back possession, the agricultural land could be leased out for deriving income for the Gram Panchayat. In order to achieve this object, separate applications were filed under Section 5 of the Punjab Public Premises and Land (Eviction and Recovery) Act, 1973 (for short' the 1973 Act'), read with Section 3 of the Punjab Gram Panchayat (Common Purposes Land, Eviction and Rent Recovery) Act, 1976 (for short 'the 1976 Act'), before the District Development and Panchayat Officer. The landowners of the village and occupants of the land, who are the Petitioners before me, pleaded that the land did not belong to the Gram Panchayat nor it was Shamilat Deh and they were in possession as co -sharers and none of the above two Acts were applicable, therefore, the application should be dismissed. Respondent No. 2 by order dated 11 -11 -1983 Annexure P2 held that Mustarka Malkan land was kept for common purposes of the village, and, therefore, its management vested with the Gram Panchayat and ordered eviction. The appeal of the aggrieved persons was dismissed as time barred by the Joint Director, Panchayats. See Annexure P.3. These are the writ petitions by the aggrieved persons under Articles 226/227 of the Constitution of India
(3.) AFTER hearing the learned Counsel for the parties and on perusal of the record I am of the view that these writ petitions deserve to succeed. In para 4 of the writ petition, it was clearly averred that daring consolidation proceedings, S73 Kanals Mustarka land was taken out from the landowners of the village, who were 135 in number and they were in possession of the Mustarka Malkan land falling to their share according to the ratio of the land held by them in the village This fact was admitted in the written statement. However, it was pleaded that it was left for Mustarka Malkan during consolidation for common purposes under Section 23 -A of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short' the consolidation Act'), and under Rule 16(ii) of the rules framed under the aforesaid Act, the management and control of the such land vests in the Gram Panchayat. On this basis, the order of ejectment was supported;