(1.) This order shall dispose of CWP Nos.6089 of 2005 and 6017 of 2005, as they involve adjudication of identical questions of law. For the sake of convenience, facts are being taken from CWP No.6089 of 2005.
(2.) The petitioners pray for issuance of a writ in the nature of Certiorari for quashing the order dated 24.10.2002, passed by the Joint Development Commissioner, (IRD), Punjab, exercising the powers of the Commissioner under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act').
(3.) The Gram Panchayat of village Khukrain, Tehsil and Distt.Kapurthala, filed an application before the Collector, under Section 7 of the Act, praying for ejectment of petitioner no.1, on the plea that he is in unauthorised occupation of panchayat land.. The petitioner filed a reply that the land in dispute belongs to the proprietors and is, therefore, recorded as "Shamilat Deh Makbuza Malkan". It was further pleaded that as the petitioner is in legal possession, he is not an unauthorised occupant, of the land in dispute.