JUDGMENT

Sureshwar Thakur, J.

The present petitioner instituted, on 08.05.2012, a suit under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), against Gram Panchayat Manjhwala, Block Kot Isse Khan, Tehsil Zira, District Ferozepur, through its Sarpanch. In the suit (supra), the plaintiff claimed a declaratory relief, that he be declared owner in possession of the suit Khasra numbers. Through a decision made on 31.05.2013 (Annexure P-6), upon the said suit, the learned Collector concerned declined the asked for declaratory relief to the plaintiff, petitioner herein.

2. The aggrieved plaintiff, petitioner herein, instituted there against a statutory appeal bearing No.132 of 2013, before the learned competent appellate authority concerned, but through a decision made thereon, on 19.05.2017 (Annexure P-7), the learned competent appellate authority dismissed the said appeal, and thus affirmed the order, as became earlier recorded on 31.05.2013, by the learned Collector concerned. Therefore, the petitioner becomes pained from the above concurrently recorded verdicts of dismissal, as became made, upon, his suit (supra), and, appeal (supra), and thus, is led to institute there against the instant writ petition before this Court.

Submissions of the learned counsel for the petitioner

3. The learned counsel appearing for the petitioner, has argued before this Court, that since the Gram Panchayat concerned had, earlier to the suit (supra) becoming instituted, by the plaintiff, petitioner herein, rather taken to file a petition under Sections 4 , 5, and, 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the 'Act of 1973') before the learned Collector-cum-D.D.P.O. concerned, thus asking for the eviction of the respondent therein, petitioner herein, from the land(s) in dispute, but yet a disaffirmative verdict became recorded on the said petition on 27.3.1995. Since therein occurred a finding, that as per the Jamabandi for the year 1957-1958, the Gram Panchayat concerned has no connection with the petition land(s), given the same being entered as "Jumla Malkan Va Digar Haqdaran Hasab Rasad Raqba", nor also when it was proved before the said authority, that it is being used for common purposes. Moreover, when in an appeal, as became directed thereagainst by the Gram Panchayat concerned, before the learned Commissioner, Ferozepur Division, Ferozepur, resulted in the said appeal becoming dismissed for default, on 06.12.1995, and thereafter, also on 29.09.1998, and, subsequently it not being ordered to be restored. Therefore, the learned counsel for the petitioner argues, that the binding and conclusive decision, as made on the petition cast under Sections 4 , 5 and 7 of the Act of 1973, and, with the above findings, thus makes the findings (supra) to be binding and conclusive. Therefore, he argues, that findings contra to the said binding and conclusive findings, were not amenable to yet become concurrently made by the statutory authorities below.

Analysis of the above submissions, and, reasons for rejecting the same

4. Admittedly, in the Jamabandi drawn for the petition land(s), and, as relates to the year 1957-1958, an entry of "Jumla Malkan Va Digar Haqdaran Hasab Rasad Raqba" thus evidently occurs in the ownership column thereof. However, in the Jamabandis relating to the petition land(s), and, appertaining to the years 1986-1987 onwards, rather the petition land(s) are, in the column of ownership thereofs, thus reflected to be owned by the Gram Panchayat Manjhwala. The above made entry, i