- (1.) The order of the Additional Director passed under section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act is under challenge in this writ petition filed by Gram Panchayat, Nanuwal, District Patiala. This order is dated 31.10.1984 and is Annexure P.2 to the writ petition. The Additional Director remanded the case directing the partition of the land measuring 654 Bighas 2 Biswas. In the revenue records, the entry was 'shamilat deh hasad rasad hissas rakba khewat'. The Gram Panchayat claimed that the land vested in it and they have moved applications under section 7 of the Punjab Village Common Lands (Regulation) Act for ejectment of Jeet Singh and others, respondent Nos. 2 to 26. The Additional Director could not decide whether the land did not vest in the Gram Panchayat.
(2.) The stand of the contesting respondents, as argued, is that the land did not vest in the Gram Panchayat as there was no entry in the revenue record that it was being used for common purposes. During arguments, counsel for the parties agreed that the question as to whether the land vests in the Gram Panchayat or not is to be decided by the Collector under section 11 of the Punjab Village Common Lands (Regulation) Act and thus the order of the Additional Director be quashed. The respondent Nos. 2 to 26 would move applications under section 11 of the aforesaid Act. In view of the concession so made, order, Annexure P.2, passed by the Additional Director (Consolidation) is quashed leaving respondent Nos. 2 to 26 to move application(s) under section 11 of the Punjab Village Common Lands (Regulation) Act before the Collector as they claimed interest in the land in dispute which is alleged to be vesting in the Gram Panchayat. Status quo regarding possession would continue although, according to the respondents, they are in possession whereas, according to the petitioner, a Receiver was appointed who is in possession of the land in dispute. This status quo will continue for a period of two months. In the meantime, the respondents would approach the Collector and obtain appropriate orders from the Collector in respect of possession. The writ petition is allowed as above. There will be no order as to costs.;