JUDGMENT

Sureshwar Thakur, J.

The Gram Panchayat Sardarpura, Tehsil Fazilka, District Ferozepur through its Sarpanch one, Jagdish Singh instituted case No.987/DDPO in the Court of District Development and Panchayat Officer, Ferozepur (authorized Collector under the Punjab Public Premises and Lands (Eviction and Recovery) Act, 1973 (hereinafter referred to as the "Act of 1973"). The above case was cast under the provisions of Sections 4 , 5, and 7 of Act of 1973, therein it was claimed, that since the respondent therein, was in unauthorized possession of the land comprised in Khasra No.170(2-8). Therefore, an order for his eviction was prayed to be made. The learned Collector concerned, through a verdict carried in Annexure P-5, made an order of eviction against the respondent therein. The reason for his making the said order became rested on the factum, that the revenue entry describes the petition lands as a Hadda Rori or in other words the petition land(s) being reserved for the keeping thereons of carcasses of the livestock of the villagers. Therefore, it became concluded, that the lands with the above description, became vested in the Panchayat Deh, and, that the respondent therein had no right, title or interest over the petition lands.

2. The aggrieved therefrom one Sohan Lal preferred an appeal there against before the Competent Appellate Court. To the said appeal, appeal No.PP-92 of 1991 became assigned. Through a decision made thereons, on 27.09.1994, the learned Appellate Court declined to make any interference with the order, as became initially rendered by the learned Collector concerned, and, as becomes carried in Annexure P-5.

3. Therefore, the petitioner herein is pained from the concurrently made orders against him by both the Authorities below, and, is led to institute there against the instant petition before this Court.

Submissions Of The Learned Counsel For The Petitioner

4. The learned counsel for the petitioner has contended with much vigor before this Court, that since prior to the institution of the above petition before the learned Collector concerned, the Gram Panchayat concerned, had instituted a similar petition, against the petitioner herein, hence containing a cause of action, similar to the one in the instant petition, and, also when the khasra numbers in the earlier petitions are similar to the khasra numbers in the instant petition, besides when in both, the parties are similar. Moreover, when as revealed by Annexure P-2, annexure whereof, is the statement of the learned counsel, for the Gram Panchayat concerned, one, Shri D.N. Saajan, as the said counsel, is disclosed in Annexure P-4, to be engaged by the Gram Panchayat concerned, for defending in the relevant motions qua hence the said petition becoming permitted to be withdrawn. In addition, he also reiteratedly submits, that since a perusal of the said statement, as made by the learned counsel for the Gram Panchayat concerned, before the learned Collector concerned, statement whereof becomes extracted hereinafter, unfolds, that the learned counsel concerned, did in consequence thereof, but receive an affirmative order. Therefore, when relevant permission became granted to the Gram Panchayat concerned, to exclude the suit khasra numbers from the earlier petition, thereupon when the claim raised, in the earlier petition rather was in respect of those khasra numbers, similar to even the khasra numbers in instant petition, but, yet with the said part suit claim becoming permitted to be simpliciter abandoned, and, also becoming permitted to be simpliciter withdrawn.

"Statement of Shri D.N. Saajan, Advocate of Appellant on oath.

Stated that permission of fili