JUDGMENT

Mr. Sureshwar Thakur, J.

The Punjab Waqf Board, and one Ajit Pal Singh, are aggrieved from the orders made against them, respectively by the statutory authorities concerned. The above orders were made, upon a motion made by the Gram Panchayat concerned, under Section 11 and under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the PVCL Act').

2. The petitioners herein i.e. Punjab Waqf Board and one Ajit Pal Singh are aggrieved from the above concurrently made orders of eviction, whereby the Gram Panchayat concerned, was held as the owner of the disputed lands, and, are led to respectively constitute there against Civil Writ Petition No. 2240 of 2021 and Civil Writ Petition No. 7979 of 2019, before this Court.

3. Though, the properties encapsulated in the writ petitions (supra), are located in different mohals, but since the revenue entries in relation to both the writ petitions, are almost common. Moreover, when the hereinafter formulated common questions of law, arise for determination in the writ petitions (supra). Therefore, both the writ petitions are capable of being decided, rather through a common verdict.

Facts of CWP No. 2240 of 2021

4. Gram Panchayat, Village Kasba Bharal, Tehsil Malerkotla, District Sangrur through its Sarpanch, instituted a suit under Section 11 of 'the PVCL Act' for declaration to the effect that it was the owner of property measuring 188 kanal 1 marla bearing Killa No. 3215/1(8-0), 3216 (8-0), 759 (8-0), 760 (8-0), 761 (8-0), 762 (8-0), 763 (8-0), 764 (7-0), 765 (7-0), 766 (8-0), 767 (8-0), 768 (8-0), 769 (8-0), 770 (8-0), 771 (7-0), 772 (7-0), 773 (8-0), 774 (8-0), 775 (8-0), 775 (10-0), 776 (8-0), 777 (8-0), 778 (9-0), 779 (7-0), 780 (7-0). In the revenue records, the petition land is described as Maqbooza Ahle Islam. The suit of the plaintiff-Gram Panchayat, was decreed by the learned Collector, Patiala on 04.01.2016 (Annexure P-16), and, the Gram Panchayat concerned, was declared to be owner of the suit land.

5. The above decision (Annexure P-16), resulted in the aggrieved respondents therein i.e. the private respondents and the Punjab Waqf Board concerned, thus instituting there against separate appeals before the competent Appellate Authority concerned. However, the competent Appellate Authority concerned, respectively through separate decisions made on 30.05.2018 (Annexure P-19) and on 04.11.2020 (Annexure P-21) on the respective appeals, declined the espoused relief to the aggrieved-appellants therein. Thus, affirmed the verdict, as became previously drawn by the learned Collector concerned (Annexure P-16).

Facts of CWP No. 7979-2019

6. Gram Panchayat of village Pawar, through its Sarpanch Smt. Asha Rani instituted a petition under Section 7 of 'the PVCL Act' for seeking the ejectment of one Ajit Pal Singh, petitioner herein, claiming himself as lessee over the disputed land, on a lease/patanama executed by the Punjab Wakf Board, over the land measuring 17 kanal 14 marla, Hadbast No. 266, khewat No.83/90, Khatoni No. 106, Khasra No. 24 (17-14) situated in village Pawar, Block and Tehsil Mukerian, District Hoshiarpur. In the revenue records, the petition land is described as Maqbooza Ahle Islam. The said petition was dismissed by the learned Collector concerned, through an order drawn on 15.01.2015 (Annexure P-15). Aggrieved against the order (supra), the aggrieved concerned, preferred an appeal before the learned Appellate Authority concerned. The learned Appellate Authority concerned through an order drawn on 18.01.2019 (Annexure P-17), dismissed the appeal (supra), as preferred before it, and, the order passed by the learned Collector concerned, was upheld. Therefore, the instant petition (CWP-7979-2019) has been preferred, by the petitioner, before this Court seeking quashing of the concurrent orders of eviction (supra), as passed by the statutory authorities below.

7. Since, as above stated, both the petitions involve, common questions of law,