(1.) The question before the Additional Director, Consolidation of Holdings, Punjab, was whether the land in dispute was a "shamlat deh" land and as such owned by the Gram Panchayat or it was owned by the proprietors of the village. The Additional Director came to the conclusion that the respondents were the owners and proprietors of the land. The Grampanchayat challenged the order of the Additional Director by way of a writ petition before the High court. The petition was dismissed in limine.
(2.) S. 11 and 13 of the Punjab Village Common Lands (Regulations) Act, 1961 (the Regulation Act) are as under:
(3.) It is not disputed that the Jamabandi entries for the year 1944-45 - prior to the Consolidation Act read as "shamlat Deh", "hasab Rasat Khewat" and in the cultivation column, the entry is "maqbooza Malkan".