The legal point established is that lands described as 'abadi deh' in the revenue records cannot be vested in the panchayat, and the lawful stakeholders holding possession have the legally permissible title. The court also emphasized the limitations of relying on an amended provision that was not in force at the time of the petition and the importance of valid demarcation and evidence for prolonged use of the land for a common purpose.

JUDGMENT

Sureshwar Thakur, J. - Factual background

1. Gram Panchayat of village Dulleta, through its authorized signatory, instituted a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, (for short 'Act'). The above petition was instituted against the respondents (petitioners herein), with a claim that they be evicted from the land falling within khewat No. 1191, khasra No. 5956 (269-15), situated at village Duleta.

2. In the above petition, the Gram Panchayat pleaded, that the property in dispute is under its management, and, control, and, also falls to its ownership. It was further averred, that the Gram Panchayat was utilizing the petition property for a common purpose, inasmuch as, for the dumping of the manure of the villagers, whereas, the respondents had raised unauthorized, and, illegal construction thereons. Resultantly, it was claimed that the respondents be evicted from the petition property.

3. The respondents, in making a reply to the above petition, contended thereins, that the petition property was used for tethering cattle. Moreover, it was also contended thereins, that the petitioner is neither the owner nor in possession of the petition property.

Order of the Collector concerned

4. The petition (supra) resulted in the revenue officer concerned, making a decision thereon, on 28.5.2010. Through the above made decision, the Collector concerned, after accepting the petition, proceeded to order for eviction of the respondents concerned, from the petition land.

Decision of the Appellate Authority on Appeal No. 114 of 2011

5. The aggrieved respondents concerned, preferred an Appeal bearing No. 114 of 2011, before the Appellate Authority concerned. The Appellate Authority concerned, after meteing reverence to the report of the Deputy Director (Lands) and Rural Development and Panchayat Department, Punjab, whereins it becomes echoed, that the petition land measuring 10 marlas, and, reflected as 'abadi' deh, in the revenue records, rather being used as a manure pit, by the inhabitants of the village, hence proceeded to make a conclusion, that since the petition land was used for a village common purpose, therefore, the respondents' appeal, against the order of the Collector concerned, was also likewise amenable for dismissal.

6. The petitioners are pained from the concurrently made adverse orders, against them, by both the learned Collector concerned, and, by the Appellate Authority concerned. Thus, they were led to institute thereagainst the instant writ petition before this Court.

Reasons for accepting the petition and setting aside and rejecting the concurrently made orders against the petitioners by both the authorities below

7. It is not disputed that in the revenue records, the petition land is described as abadi deh. Therefore, the effect of the above, is that, with Section 2(g) of the Act, excluding thereins from vestment, those lands, described in the revenue records as abadi deh. Thus, the petition land, uncontrovertedly described as abadi deh in the revenue records, is reiteratedly not amenable for being vested in the panchayat concerned, nor the panchayat has any title as owner thereof, nor it has any right to claim valid possession thereof. Contrarily, the lawful stake holders, who have evidently raised their houses, hutments or abadis thereons, alone to the extent of their lawful possession thereons, are inferred to hold the legally permissible title, besides lawful possession thereof, and/or to make suitable user thereof. As but a natural sequel, the lands, described in the revenue records as 'abadi deh', are not amenable for user, either by the panchayat, nor hence any person outside the apposite proprietary body, can lawfully hold possession of the abadi deh land, besides cannot lawfully utilize the same. In consequence, the tacitly or implied acceptance of the contention, if any, raised by the Gram Panchayat, by both the revenue authorities, that on the petition land, there existed no