JUDGMENT

Kuldeep Tiwari, J.

Through the instant writ petition, the petitioners have assailed the validity of the concurrently made orders of eviction, drawn on 10.05.2012 (Annexure P-6) and 14.12.2015 (Annexure P-14), respectively by the learned Collector concerned and by the learned Commissioner concerned. The challenge to the orders (supra) is premised on the ground that the petition land(s) is recorded, in the relevant revenue record, as "abadi deh", therefore, by dint of provision of Section 2 (g)(1) and Section 4 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), the petition land(s) does not vest with the Gram Panchayat concerned.

2. Before proceeding to examine the validity of the concurrently made eviction orders (supra), it would be apt to first deal with the factual backdrop of the present matter, as the case at hand bears a checkered history.

Factual Background

3. The Gram Panchayat Attari, Block Kalanaur, Tehsil and District Gurdaspur, through its Sarpanch, instituted a petition under Section 7 of the Act of 1961, before the learned Collector concerned, thereby seeking the eviction of the present petitioners from the petition land(s). The eviction of the present petitioners was sought on the ground that, during consolidation, the petition land(s) was left for common purposes of the village proprietary body, however, the petitioners had illegally occupied this land.

4. The present petitioners controverted the eviction petition (supra), inter alia, on the ground that, as per the relevant revenue record, the petition land(s) falls within the ambit of "abadi deh", therefore, the petition (supra) was not maintainable. It was further asserted that the father of the petitioners, namely, Inderjit Singh, along with one Rachhpal Singh, had purchased land measuring 137 Kanals 6 Marlas, which comprised of constructed and residential area, situated at Village Attari, vide a registered sale deed dated 08.08.1950, from one Baba Barkat Singh Bedi, who belonged to Bedi community. The Bedi community had its separate abadi near the abadi deh of Village Attari, and, the petition land(s), which was earlier in the form of "theh/mound", was under the occupation and possession of the Bedi community. After purchase of the petition land(s), vide the sale deed (supra), the predecessor-in-interest of the petitioners assumed its lawful possession.

5. Upon scrutinizing the relevant revenue record, the learned Collector concerned, vide impugned order dated 10.05.2012, concluded that since the petition land(s) is recorded as "abadi deh" in the column of ownership and was left, during consolidation, for common purposes of the village proprietary body and qua which the petitioners are, in the column of cultivation, recorded as "Gair Dakhildar", therefore, its control and management vests with the Gram Panchayat concerned and consequently, he ordered for the eviction of the petitioners from the petition land(s).

6. Fetching grievance from the eviction order (supra), the present petitioners, without availing the statutory remedy of filing appeal against it before the competent appellate authority, straightaway approached this Court by filing CWP-17786-2012. However, this Court, vide order dated 11.09.2012, relegated the petitioners to avail the statutory remedy of appeal before the competent appellate authority concerned.

7. Upon an appeal being filed against the eviction order (supra), in terms of the order (supra) passed by this Court, the appe