JUDGMENT

Sureshwar Thakur, J.

Since both the writ petitions (supra) arise from a common order, made on 13.7.2016, upon Appeal No. 220 of 2012, by the learned Appellate Court concerned, therefore, both the writ petitions are amenable for being decided through a common verdict.

2. Before proceeding to make an analysis of the respective submissions, as become addressed before this Court by the learned counsels appearing for the litigants concerned, in the writ petitions (supra), it is deemed imperative to extract the operative part of the impugned verdict (supra), the relevant portion whereof is extracted hereinafter.

"After hearing the arguments of counsels for both the parties and perusal of the record brought on the file I reached to the conclusion that it is also clear from the affidavits duly attested given by Paramjit Singh Ex Sarpanch, Village Bair Majra and Jaswant Singh Ex-Sarpanch, Village Bair Majra that the petitioners have inherited the disputed land. Earlier to the petitioners their fathers/ grandfathers were in possession and on the disputed land, houses of the petitioners are constructed. From the electricity meter's bill it is clear that houses are constructed. From the jamabandi of 1945-46 the petitioners are owners in possession of this land. Apart from this, from the revenue department record produced by the appellants the possession of the appellants is established even prior to 26.01.1950. Therefore, keeping in view the justice I partly accept the appeal of the appellants, set aside the order of lower court and direct the appellants to declare owners of the constructed houses and land in front of the same and for the remaining disputed land, Gram Panchayat to take possession thereof in accordance with law. Appellants will use the streets-drains and for making entry/mutation in the revenue department, and taking action in that behalf the revenue department's officers/ officials are authorized authority and for that the appellants can avail their remedy for taking action. In this manner the appeal stands disposed of."

3. A reading of the above extracted operative part of the impugned verdict, as became drawn by the learned Appellate Court concerned, does bring forth the apparent fact, that the learned appellate Court concerned, though partly accepted appeal No. 220 of 2012, as became constituted before it, by the aggrieved from a verdict of dismissal, as, made on 16.5.2012, inasmuch as, the learned Commissioner concerned, declared the petitioners herein to be the owners in possession of the houses constructed on the panchayat land, but insofar as the other vacant lands, as, occuring within the lands concerned, the Gram Panchayat concerned, rather became declared as owner in possession. Therefore, but obviously the petitioners are aggrieved from the above made verdict, as also the Gram Panchayat concerned, is aggrieved from the verdict (supra), where through in respect of the houses raised by the petitioners herein, upon the Panchayat land, the persons became declared to be lawful owners in possession.

Factual background

4. The aggrieved constituted a petition under Section 11 of the Punjab Village Common Land (Regulation) Act, 1961 (for short 'the Act'), before the Collector concerned. Thereins they also for a declaration, that they be declared as owners in possession of the land comprised in Khewat No. 79, Khatauni No. 130, Khasra No. 794/1(4-3), as per jamabandi for the year 2006-2007, situated at village Bair Majra, Tehsil Derabassi, District SAS Nagar. The learned Collector concerned, after making an analysis of the documen