JUDGMENT

Mr. Sureshwar Thakur, J. (Oral)

C M-8293-CWP-2023, C M-17530-CWP-2019 & C M-17531-CWP-2019 IN CWP-7715-2018

The learned counsel for the applicants seeks permission to withdraw the present applications.

2. Permission granted.

3. Consequently, the extant applications are dismissed as withdrawn.

Main Cases

4. Since all the writ petitions relate to a common factual matrix, besides relate to common questions of law, therefore irrespective of the fact, that they are directed against separate statutory appeals, as raised by the aggrieved, from the common affirmative concurrent verdict(s), as made on the petition, cast under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), by the Assistant Collector, 1st Grade, Indri (hereinafter referred to as the Ass1stant Collector), thereby decreeing the eviction petition (supra) of the Gram Panchayat concerned, thus these writ petitions are amenable for a common verdict becoming drawn thereon.

Factual Matrix

5. The Gram Panchayat Garhpur Tapu, Tehsil Indri, D1strict Karnal, instituted Case No.9/VCLA, on 16.01.2015, before the Ass1stant Collector. Through a decision made thereon, on 21.07.2016 (Annexure P- 10), the Ass1stant Collector thereby decreed the Gram Panchayat's petition (supra), wherein, it had claimed the eviction of the respondents therein, from the petition lands. The Ass1stant Collector after making an insightful study of the Jamabandis relating to the petition lands, and, appertaining to the years commencing from 1904-1909 and there on wards. However with the said Jamabandis not reflecting, that the lawful predecessor(s)-in-interest of the present petitioners, were holding cultivating possession of the petition lands, thus prior to 1950. Resultantly, the petitioners who are the successor(s)-in-interests of their said lawful predecessor(s)-in-interest, thus not becoming assignable the benefit of the apposite savings clause, as carried in Section 2 (g)(viii) of the Act of 1961, provisions whereof stand extracted hereinafter.

"2. Definition- In this Act, unless the context otherwise requires.

XX XX XX

(g) "Shamilat deh" includes

XX XX XX

(viii) was Shamilat deh was assessed to land revenue and has been in the individual cultivating possession of coshares not being in excess of their respective shares in such shamilat deh on or before the 26th January, 1950, or

XX XX XX"

6. Another reason, which prevailed, upon, the Ass1stant Collector to draw Annexure P-10, flowed from the factum, that in the consolidation scheme, besides in the Wazib Ul Arz, relating to the petition lands, the lands became described either as "Charand" or became assigned some other revenue designations, which thus made them amenable for joint or common user thereof, by the village proprietary body concerned. In addition, the Ass1stant Collector also appears to have borne in mind, an entry in the column of ownership in the relevant Jamabandi, thus depicting thereins the name of shamlat deh. Resultantly, he concluded that per se, on the plank of the said entry, the mandate as enclosed in Section 2 (g) of the Act of 1961, thus becomes attracted. The reason being that the said entry in the column of ownership, even if it occurred in substitution of the prior thereto entry, rather remaining unchallenged. Therefore, he appears to draw a conclusion, that the petition lands were shamlat deh lands.

7. As above stated, since the petitioners be