JUDGMENT

Sureshwar Thakur, J. (Oral)

The instant petition is directed against the verdicts of eviction, as became concurrently rendered by both the statutory authorities below. The said concurrently made orders are respectively carried in Annexures P-11 and P-13. The petition cast under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961(in short "the Act") by the Gram Panchayat concerned, had ventilated the hereinafter extracted (head note) :-

"Petition under Section 7 of the Punjab Village Common Land Act as amended upto date for the ejectment/eviction of the respondents No.1 to 3 in respect of:

(i) From the land measuring 1K-17M out of Khasra No.5507/1-4001 and land measuring 0K-16M (passage) out of bearing Khasra No. 5778 and land measuring 0Kanal 8 Marla (passage) out of Khasra No. 5753/1-4001 0-8 (0-1-53.58) and land measuring 0 kanal 9 marlas (passage) out of Khasra No. 5762, Khatauni No. 502, Khewat No. 433/420 situated in the area of village Pandori Bibi, District Hoshiarpur as entered in Jamabandi for the year 2012-2013 and shown red in the site plan is after removal of tube well connection and any other superstructure is raised illegally by the respondents during the pendency of the petition and putting the petitioner and vacant possession of the same.

(ii) Eviction/ejection of the respondents No.1 to 3 from the passage of plot land bearing 2 Kanal 15 Marla bounded as East: Rasta, West: Rasta, North: Rasta, South: Rasta and land of Dhain Singh which is red colour in site plan and denoted within letters ABCD situated in the village Pandori Bibi, District Hoshiarpur, Total encroached area 3K 10M i.e. 1K 17M out of Khasra No.5507 and 0K-16M(passage) out of Khasra No. 5778, 0K 8M(passage) out of Khasra No.5753, 0K 9M(passage) out of Khasra No.5762."

2. The learned counsel appearing for the petitioners submits that he has abandoned his claim, if any, as it appertains to head note No.I. Moreover, when the abandoned claim in respect of the relief carried in the head Note No.1, is also submitted by the learned State counsel, to be not yet surviving, given the assumption of possession of the lands mentioned therein, by the respondent concerned, through the valid execution of validly issuing warrants of possession. Though the above abandoned claim does not warrant any adjudication being made thereons.

3. However, the claim for eviction, as, reared by the Gram Panchayat concerned, and as becomes made in the head note No.II, of the eviction petition, yet survives for an adjudication being made by this Court.

4. The land described in the head note of column No.II, and, which is alleged to be encroached upon by the petitioners herein, becomes carried in Khasra Nos.5507, 5778 and in 5753, besides in khasra no.5762. However, the Gram Panchayat concerned, though was required to establish through the revenue entries as reflected in the revenue record concerned, that the above said khasra numbers hence fall to its valid ownership and possession, and, was to also imperatively establish that the petitioners herein, had no valid right or title or interest therein. However, the Gram Panchayat concerned, did not establish through the relevant permissible mode hence the above factum rather through the apposite revenue entries. Therefore, without any revenue entries being carried in the revenue documents concerned, rather suggestive that the above khasra numbers fell to the legitimate ownership and possession of the Gram Panchayat concerned, thus, there was no occasion for the Gram Panchayat concerned, to yet proceed through the institution of a petition under Section 7 of the Act, hence ask for the eviction of the writ petitioners herein from the above