The central legal point established in the judgment is that an order passed by a court without jurisdiction is a nullity.

KULDEEP TIWARI, J.

1. This order shall dispose of CWP-6780-2022, CWP-29001-2022, CWP-29031-2022, and, CWP-29093-2022, as they arise out of the same order dated 21.05.2021, passed by the respondent No.1. For brevity, the facts are being extracted from CWP-6780-2022.

2. The petitioner herein had filed a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act' for short) seeking a declaration to the effect that he is owner in possession of the suit land, measuring 16 Kanals 0 Marla, situated in the revenue estate of Village Gadani, Sub Tehsil Dilwan, Tehsil and District Kapurthala, pleading therein that the Gram Panchayat Gadani has no concern, whatsoever, with the suit land, as the same is Nazul land, which was allotted to one Bhagat Ram, and, qua that a Rapat Roznamcha (Diary Report) has been entered on 31.08.1963. It was further pleaded that Bhagat Ram had died issueless, and, during his lifetime, he had executed a Will in favour of the petitioner. Thereupon, the respondent- Gram Panchayat had filed written statement, pleading therein that the suit land is not Nazul land, rather, the same belongs to Gram Panchayat, as per Jamabandi for the year 2004-2005, wherein the petitioners have been recorded as Gair Marusi. It was further averred that earlier, the Gram Panchayat had filed a petition under Section 7 of the Act, whereupon order dated 21.11.2012 was passed, thereby ordering ejectment of the petitioner. Even the appeal preferred thereagainst by the petitioner also stood dismissed. Upon the pleadings of both the parties, the respondent No.2 framed specific issues, one amongst which was “Whether the petitioner is in possession of the land before 26.01.1950? OPP”. After giving opportunity to both the parties, to lead evidence, finally the learned Collector had dismissed the suit vide order dated 27.02.2018. Being aggrieved from this order, the petitioner filed a statutory appeal before the respondent No.1, however, the same was also dismissed vide the impugned order dated 21.05.2021 (Annexure P-14).

3. Before we advert to decide the issue involved in the instant writ petition, it is apt to first deal with some additional facts, as the present case has a chequered history. It is not in dispute that earlier the respondent- Gram Panchayat had filed an application under Sections 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, seeking eviction of the petitioner from the suit land, and, also seeking recovery of damages for unauthorized occupation thereof. The above application was allowed vide order dated 21.03.1986, and, the petitioner was ordered to be evicted, and, to pay damages @ Rs.300/- per acre. The petitioner challenged this order, by filing a suit for declaration, being Civil Suit No.130 of 19.04.1986, before the learned Senior Sub Judge, Kapurthala, and, the suit was decreed vide judgment and decree dated 08.06.1989 (Annexure P-2). Thereafter, the Gram Panchayat had filed a petition under Section 7 of the Act, seeking eviction of the petitioner from the suit land, on the strength of the Jamabandi for the year 2004-2005, wherein, in the column of ownership, the name of Gram Panchayat has been recorded, and, in the column of cultivation, the name of the petitioner has been recorded as Gair Marusi. The petitioner was proceeded against ex parte in the aforesaid petition, and, an ex parte eviction order was passed on 21.11.2012, by the learned Collector concerned. Thereafter, the petitioner preferred a statutory appeal, bearing No.62/2013, under Section 11(2) of the Act, before the respondent No.1. However, this appeal was also dismissed by the statutory appellate authority, being devoid of any merit, vide order dated 23.01.2015 (Annexure P-7). The petitioner preferred a writ petition before this Court, being CWP-10153-2016. This Court, vide order dated 23.5.2016, had allowed the writ petition, and, granted liberty to the petiti