- (1.) This order shall dispose of CWP No.8386, 8387, 8388, 8389 and 8390, 8391 and 8392 of 1987, as common questions of law and fact arise for adjudication.
(2.) The petitioners pray for the issuance of a writ in the nature of Certiorari, for quashing the order dated 25.6.1987 passed by the Commissioner, Ambala Division, Ambala, accepting the revision filed by the Gram Panchayat, whereby the orders dated 20.11.1985 passed by the Assistant Collector, Ist Grade, Panipat and dated 7.8.1986 passed by the Collector, Panipat have been set aside and the matter has been remitted to the Assistant Collector, Ist Grade, Panipat for a fresh adjudication, after grant of an opportunity to the parties, to produce relevant documents, to establish that the land in their possession, prior to 1950, was allotted to them during consolidation proceedings.
(3.) The petitioners filed a suit for declaration, under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') alleging the suit land did not vest in the Gram Panchayat. The petitioners asserted their ownership by alleging that Khasra Nos. 3270, 3274 and 6214 situated in the revenue estate of Village Manana, Tehsil Panipat, Distt. Karnal, was wrongly recorded as Shamlat Deh, in the Jamabandi for the year 1951-52. The land was in the continuous cultivating possession of the petitioners and prior thereto of their forefathers and, therefore, did not answer to the description of "Shamlat Deh" as defined under Section 2(g) of the Act . It was also asserted that after consolidation of holdings, the petitioners were allotted land measuring 65 kanals and 11 marlas, in lieu of the Khasra Nos. in their possession, prior to 1950. The Gram Panchayat, respondent no.1, filed a written response, denying the petitioners assertions. The Assistant Collector, Ist Grade framed issues and called upon parties to lead evidence. Vide order dated 20.11.1985, the Assistant Collector, Ist Grade held that as the petitioners had succeeded in establishing their continuos cultivating possession over the suit land from the year 1937, the Panchayat had no concern with the land. It was held, on the basis of documents Exs.P-11 and P-12, that the petitioners were allotted the suit land after consolidation, in lieu of Khasra Nos.3270, 3274 and 6214. The Collector also directed the Gram Panchayat to deliver possession to the petitioners.;