N.C.Jain, J.

1. This petition has been preferred by the petitioner who has been ordered to be evicted by the authorities under the Public Premises Act on the ground that he is unauthorised occupant. An application under Sections 4, 5, and 7 of the Punjab Public Premises (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the Act) was filed by the Gram Panchayat, respondent No. 3 for eviction of the petitioner from khasra No. 28/117/2 (3K-8M) on the ground that the land falls within the definition of the Act. It has been averred in the application that the management and control of the land is given to Gram Panchayat under the East Punjab Holdings (Consolidation and Prevention of Fragmentation Act, 1948 and Rule 16 (ii) of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1949 and under Section 23-A of this Act. The petitioner, in reply to the averments made in the petition averred that the petition under the Act is not maintainable on account of the dismissal of the application under Section 7 of the Punjab Village Common Lands (Regulation) Act. It was further averred that the petitioner was not liable to be evicted as he was in posses