JUDGMENT

Sureshwar Thakur, J. (Oral)

Factual Background

One Darshan Lal and another instituted a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, (for short hereinafter referred to as 'the PVCL Act'), wherein Gram Panchayat/Gram Sabha Village Mavi Sappan, Tehsil and District Patiala through its Sarpanch thus became impleaded as a defendant-respondent. In the title suit (supra), the plaintiffs claimed the making of a declaratory decree, in their favour, to the effect, that they be declared as valid owners in possession of the suit khasra numbers.

2. The learned Collector concerned, through an verdict made on the said civil suit, on 15.02.2005 (Annexure P-14), rather declined the espoused declaratory relief to the plaintiffs, respondents herein. The aggrieved therefrom plaintiffs instituted thereagainst a statutory appeal bearing No. 114/2005, before the Competent Appellate Authority concerned, but through an order made thereons on 28.02.2007 (Annexure P-15), the appellate authority, after accepting the said statutory appeal, proceeded to annul the verdict, as became initially recorded by the learned Collector concerned (Annexure P-14), whereby a dismissal verdict thus became made on the plaintiffs suit, rather by the learned Collector concerned.

3. The Gram Panchayat concerned, becoming aggrieved from the making of Annexure P-15, thus has assailed it, through its instituting Civil Writ Petition No. 15279 of 2007 before this Court. This Court through an order drawn on 25.01.2013 (Annexure P-17), on the writ petition (supra), remitted the lis to the Director, Rural Development and Panchayat, Punjab, for adjudicating the appeal afresh, as, been filed by the appellants-plaintiffs, respondents herein.

4. Through an order drawn on 04.02.2016 (Annexure P-18), upon the remanded lis, the competent appellate authority accepted the appeal filed by the appellants-plaintiffs, respondents herein.

5. The above made decision (Annexures P-18), accepting the plaintiffs appeal, has caused pain to the petitioner-Gram Panchayat and has led it to institute thereagainst, the instant petition before this Court.

Facts relevant for adjudication of the instant writ petition.

6. The learned Collector concerned, in his making a dismissal verdict, upon, the plaintiffs suit, had founded the same on the premise, that the respondents herein, plaintiffs in the civil suit, became completely incapacitated to well rest any claim for any declaratory decree, thus becoming passed in their favour, thereby, declaring them to be valid owners with valid possession over the petition lands. The said premise become rested, upon, the anvil that the respondents before this Court, rather entering upon the petition lands, through a lease deed, becoming accorded in their favour, by the Gram Panchayat concerned. The above conclusion became rested, upon, the lease registers, Exhibit R-2 and Exhibit R-4, as became tendered before the learned Collector concerned.

7. Despite the above reason becoming assigned by the learned Collector concerned, for non suiting the plaintiffs, who are respondents before this Court, the learned Appellate Authority concerned, proceeded to through its drawing Annexure P-18, assigned reverence to an entry in the record of rights, relating to the petition lands thus commencing from the year 1951 onwards, whereins in the column of ownership whereof, the petition lands became designated as 'shamlat deh hasab rasab arazi khewat', and, in the column of classification thereof, the entry of 'Maqbooja Malkan' became displayed. On the basis of the above entries, the competent Appellate Authority concerned, drew a further conclusion, that des