JASWANT SINGH,J. - (1.)Vide this common order, we propose to dispose of the aforementioned two writ petitions as common questions of fact and law are involved. CWP No. 17797 of 2018 has been filed by one petitioner, namely, Ranjit Singh (Successor in interest of Babu Singh) and CWP No. 17814 of 2018 has been filed by two (2) petitioners, namely, Bal Mukund and Sadhu Singh (Successors in interest of Daulat Ram). For the sake of convenience facts would be taken from CWP No. 17797 of 2018.
(2.)Petitioners who claim themselves to be proprietors of the Village have filed the instant writ petition, seeking quashing of the order dtd. 15/6/2015 (P-3) passed by Division Deputy Director, Rural Development and Panchayats, Patiala and order dtd. 23/8/2017 (P-15) passed by Director Rural Development and Panchayat Department-cum-Joint Development Commissioner (Respondent no. 1), whereby the title suit filed by the petitioners under Sec. 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 1961 Act) has been dismissed.
(3.)Learned Counsel for the petitioners has argued that the Gram Panchayat has miserably failed to prove through any document that the land was ever reserved for common purposes. It is further argued that in the absence of any proof that the Gram Panchayat had ever leased out the land as per provisions of Rule 6 of the Punjab Village Common Lands (Regulation) Rules 1964, it cannot be held that the stray entry in the Jamabandi for the year 1957-58, showing the status of the petitioners/their predecessors in interest as lessees of Gram Panchayat are valid and thereby binding upon them, so as to not declare the petitioners are owners of the land in question.