JUDGMENT

Sureshwar Thakur, J.

Petitioner Joginder Singh instituted a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961'). In the said petition, he impleaded Gram Panchayat of village Bulley, Tehsil and, District Jalandhar as respondent. In the petition (supra), the petitioner claimed that he is the owner, and, in possession of the house, which became enclosed in Annexure A-1, as appended to the said petition. The said house was averred to become bounded in the hereinafter extracted manner.

2. The construction raised on the petition land was contended to be so raised on a gair mumkin gali.

3. The learned Collector concerned, accepted the contentions of the Gram Panchayat concerned, that the petitioner had raised his house rather on a gair mumkin gali. Moreover, he also obviously concluded, that since a gair mumkin street or a gair mumkin phirni, did occur, within the abadi, thus the said gair mumkin rasta rather vested in the Panchayat or in the village proprietary body concerned. Resultantly, the Collector concerned, concluded, that since on the said gair mumkin gali, the petitioner had raised a house, despite the petitioner having no right, title or interest to raise any portion of his house rather on the said gair mumkin phirni. Thus, an order of eviction was made against the petitioner. The said order of dismissal, as made, on 8.2.2016, on the petition (supra), is carried in Annexure P-7. The aggrieved petitioner instituted an appeal there against before the learned appellate authority concerned. To the said appeal became assigned Appeal No. 50 of 2016. The appellate authority concerned, through a decision made on 30.8.2019, on the said statutory appeal, after concurring with the verdict of dismissal, as initially made on the petitioner's apposite application, proceeded to dismiss the statutory appeal (supra).

4. The above concurrently made orders of dismissal hence by both the authorities below, on the petitioner's application cast under Section 11 of the Act of 1961, has led him to institute there against the instant petition before this Court.

5. For the reasons to be assigned hereinafter, this Court finds merit in the instant petition, and, is constrained to allow it.

Reasons for allowing the instant writ petition No recorded revenue rasta

6. The prime reason for allowing the instant petition becomes grounded in the factum, that a perusal of the jamabandi appertaining to the petition land, and, as becomes appended to the instant petition as Annexure P-1, does palpably underscore the factum, that the petition lands are thereins delineated to be abadi deh lands. However, significantly there is no recorded depiction thereins of a gair mumkin street or a gali/phirni. It appears, that may be since times immemorial, some vacant spaces existed in the abadi deh land, as, declared in Ex. P-1, and, further that such open spaces were meant for exercising thereons of easementary rights by the residents of the abodes, raised on the abadi deh land.

7. The omission of the above relevant fact in the jamabandi, cannot obviously gain any firm conclusion, that the petitioner had raised his house but on the recorded gair mumkin street or gali/phirni. Therefore, but obviously the onus shifted onto the Gram Panchayat concerned, to bring forth such tangible evidence rather displaying, that since times immemorial, the residents of the houses, as, raised on the abadi deh lands, had on the petition lands or in the entire expanse of the disputed petition lands, rather exercised their easementary rights. Even the above evidence is grossly amiss.

8. Moreover, even if the unrecorded gair mumkin gali or phirni existed within the abadi deh lands, but yet the precise dimensions thereof could but have been well gauged, only when such precise dim