ORDER Amar Dutt, J. - The petitioners land-owners of village Salempur have filed this writ petition for issuance of a writ of certiorari quashing the order Annexure P.3 an order passed by the Collector, Fatehgarh Sahib rejecting their application for declaring them to be owners of the land in dispute and a mandamus directing the respondent No. 2 to transfer back the possession of the land as Mushtaraka Malkan to the land owners of the village. 2. According to the petitioners in the proceedings for consolidation of holdings in village Salempur out of the entire land put into the hotch-potch after repartition some was shown as Bachat land which according to the Scheme of partition was reserved by the owners for the common purposes of the village. The petitioners claim that this land could not be treated as shamlat deh and had to be repartitioned amongst the proprietors according to their shares. They further submitted that the application for partition of the land had wrongly been dismissed. 3. The short point which arises in this case for consideration is whether the ownership of the land shown as Mushtarka Malkan and under the management and control of the Gram Panchayat in view of Section 23-A of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1961 (hereinafter to be referred to as the Act) vests in the same and if not whether the right-holders would be entitled to have it repartitioned and the possession handed over to them. 4. The matter in dispute has been conclusively settled by this Court in Gurjant Singh and another v. Commissioner, Ferozepur Davison, Ferozepur and another, 2000(2) PLJ 7, wherein it was held that the Bachat land i.e. land which remains unutilised after utilising the land for the common purposes so provided under the Consolidation Scheme vests with the proprietors and not with the Gram Panchayat. 5. This view has not been upset by the Honble Supreme Court in Civil Appeal Nos. 5709-5714 of 2001 State of Punjab v. Gurjant Singh and others, 2003(2) R.C.R.(Civil) 771 6. In view of this the impugned orders are set aside and a direction is issued to Respondent No. 2 to take necessary steps for repartitioning of the land to the right-holders and handing over the possession thereof to them. Order accordingly.