Mr. Rajive Bhalla, J.: - By way of this order, we shall dispose of Civil Writ Petition Nos.3330 of 2011 and 3359 of 2011, as they involve adjudication of identical questions of law.

2. The common questions posed in these petitions are whether vacant land within “Abadi Deh” vests in a Gram Panchayat and if so whether use of vacant land for storing fire wood, cow dung and tethering of cattle would raise an inference that the land is not vacant?

3. The facts as admitted are that the petitioner, namely, Gram Panchayat of Village Ladhuwas Ahir, filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter refereed to as ‘the Act’) (as applicable to the State of Haryana), alleging that the private respondents are in illegal occupation of land measuring 1 Kanals and 17 Marlas bearing Khasra No.87, situated within the “Abadi Deh” of the village. The Gram Panchayat asserted that, though, the land falls within “Abadi Deh”, it vests in the Gram Panchayat as “Shamilat Deh”, being vacant land, by virtue of Section 2(g)(4) (a) of the Act. The private respondents raised a plea that the land is “Abadi Deh” and was in possession of their forefather