Satish Kumar Mittal, J.

1. Gram Panchayat, Village Mardanheri (now bifurcated in two Gram Panchayats i.e., Gram Panchayat Mardaheri and Gram Panchayat, village Dera Bajigar), filed the instant writ petition under Articles 226/227 of the Constitution of India impugning the order dated 05.06.1997 (Annexure P-2) passed by the Joint Development Commissioner, IRD, Punjab (exercising the powers of Commissioner) (respondent No. 1 herein), vide which the appeal filed by respondent No. 3 against the order of dismissal of application filed by him under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) was allowed and the order of the Divisional Deputy Director, Rural Development and Panchayats, Patiala (exercising the Powers of Collector) (respondent No. 2 herein) dated 01.10.1996 was set aside.

2. On 23.5.1994, respondent No. 3 filed an application under Section 11 of the Act before respondent No. 2 for declaring him owner of the land measuring 31 kanals 19 marlas situated in village Mardaheri as the said land does not fall under the definition of shamlat deh as defined in Section 2(g) of the Act and the same does not vest in t