Raj Mohan Singh, J.

Vide this common order CWP Nos. 11859 of 1995 and 20208 of 2006 are being decided. Since common issue is involved in the aforesaid writ petitions, therefore, facts are being culled out from CWP No. 11859 of 1995.

2. Petitioners seek quashing of order dated 04.05.1995 (Annexure P-3) passed by Joint Development Commissioner (IRD) Punjab, Chandigarh (exercising the powers of Commissioner)- respondent No. 2.

3. Petitioners have alleged that their predecessors-in-interest filed a civil suit of injunction against the Gram Panchayat in respect of 93 Kanals 6 Marlas of land on the ground that they are proprietors in possession of land much prior to 26.01.1950. Their possession was claimed to be not in excess of their share. Civil Court decreed the suit vide judgment and decree dated 15.01.1964. Mutation was sanctioned by the Assistant Collector, IInd Grade on 26.04.1966.

4. Gram Panchayat had also filed petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 1961 Act'), wherein it was directed that firstly the title of the land should be determined, thereafter petition under Section 11 of the 1961 Act was