JUDGMENT

Sureshwar Thakur, J.

Factual Background.

Hari and others instituted on 09.05.2008 case No. 14/SDO before the Assistant Collector concerned. In the said case, Sukhbir Singh and others, petitioners herein, became impleaded as respondents therein. The said case was filed under the provisions of Section 7 of the Punjab Village Common Lands (Regulation) Act 1961, (As applicable to the State of Haryana) hereinafter for short called 'the PVCL Act' and there-ins a relief was claimed for the making of an order of eviction, against the impleaded therein respondents.

2. In the said petition, it was averred that the Gram Panchayat, Pehladpur, was the owner of plot/Khasra No. 3864, 3831 and 3829. Furthermore, it was also averred that in the revenue records, a reflection occurs qua, on khasra No. 3864, a Gora Deh exists, qua on khasra No. 3829, an entry of sare aam rasta exists, whereas, in the revenue records appertaining to khasra no.3831, the same is entered/shown as shamlat deh. The respondents therein are averred to make encroachments, upon, the said khasra numbers, and, the said encroachments, as made on the khasra numbers (supra), by the respondents therein, was averred to be made through construction of boundary walls rather skirting the said khasra numbers.

3. As apparent on a reading of the order, as enclosed in Annexure P-4, the respondents in the misl (supra), raised a dispute in respect of title qua the above khasra numbers, vesting in the panchayat concerned, besides obviously asserted title over the said khasra numbers. However, it appears, on a reading of the apposite decision, as made on 28.12.2012, that the said raised assertion by the respondents qua theirs holding title to the khasra numbers (supra), did not result, in the Assistant Collector concerned, to, in terms of Section 7 of 'the PVCL Act', provisions whereof are extracted hereinafter, thus making a decision (Annexure P-4), whether as a matter of fact, the said assertion of title to the said khasra numbers (supra), was a genuinely raised assertion, nor, also obviously he made an objective speaking decision in respect of the said assertion. Moreover, obviously he did not also, on discerning the said assertion to be truthful, but on his making an incisive examination(s) of the records, deem it fit to refer the said question of title, thus, for its determination being made rather by the competent statutory adjudicatory authority concerned.

Powers to put panchayats in possession of certain lands-

[7. (1) An Assistant Collector of the first grade having jurisdiction in the village may, either suo motu or on an application made to him by panchayat or an inhabitant of the village or the Block Development and Panchayat Officer or Social Education and Panchayat Officer, or any other Officer authorised by the Block Development and Panchayat Officer, after making such summary enquiry as he may deem fit and in accordance with such procedure as may be prescribed, eject any person who is in wrongful or unauthorised possession of the land or other immovable property in the shamilat deh of that village which vests or is deemed to have been vested in the panchayat under this Act and Put the panchayat in possession thereof and for so doing the Assistant Collector of the first grade may exercise the powers of a revenue court in relation to the execution of a decree for possession of land under the Punjab Tenancy Act, 1887 :

Provided that if in any such proceedings the question of title is raised and proved prima facie on the basis of documents that the question of title is really involved, the Assistant Collector of the first grade shall record a finding