SUKHDEV SINGH KANG, J.

1. Can a Gram Panchayat transfer a portion of the Shamilat land under a street or a lane within the abadi deh or gora deh vested in it under S.4 read with S.2(g)(4) of the Punjab Village Common Lands (Regulation) Act, 1961 , or change its user? is the prestinely legal issue raised in this writ petition. A reference to salient facts is a prefactory necessity.

2. Bishamber Dayal, petitioner, and six others residents of village Jainpur, Tehsil and District Sonepat, filed an application under S.7 of the Punjab Village Common Lands Regulation) Act, 1961, (hereinafter called the Act ) against Smt. Ashi and 15 other residents and Gram Panchayat of their village and pleaded that land measuring 3 Kanals 19 Marlas, comprised in Khasra No. 166 Khewat No. 357/358-Khatauni No.514-min, was a thoroughfare connecting the abadi of the village with the phirni. Fifteen/twenty days prior to the filing of the application, the respondents 1 to 6 encroached upon a portion of this thoroughfare and constructed one room and a boundary wall. Similarly, respondents 7 to 16 obstructed the thoroughfare by constructing a room and thus encroached upon six karams of the thoroughfare.