Judgment RAJIVE BHALLA J. By way of this order we shall dispose of above-captioned petitions whereby the petitioners pray for issuance of a writ in the nature of certiorari for quashing of order dated 22.7.2009 (Annexure P-4), passed by the Commissioner, Hisar Division, Hisar, reversing orders dated 16.4.2009 (Annexure P-3) and 28.11.2008 (Annexure P-2), passed by the Collector, Fatehabad and the Assistant Collector, Ist Grade, Fatehabad, respectively. The Gram Panchayat filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the 1961 Act’) for ejectment of respondents No.4 to 21 from land measuring 62 kanals 12 marlas bearing khasra Nos. 65//15(8-0), 17(8-0), 18(8-0), 22(8-0), 23(8-0), 24(8-0), 25/1(6-12), 78//2(8-0). The Gram Panchayat, relied upon revenue entries and judgment and decree dated 29.6.1971 passed in Civil Suit No.287 of 1965 titled as “Gram Panchayat of Village Dharni and others Vs. State of Haryana and others” decided by the then Sr. Sub Judge, Hisar on 29.6.1971. The private respondents, opposed the application by alleging that the land in dispute does not belong to the Gram Panchayat as it vests in the proprietors. The private respondents also alleged that they are tenants of the proprietors and cannot be evicted by the Gram Panchayat. The Assistant Collector, Ist Grade, Fatehabad, dismissed the application on 11.1.2002 but in an appeal filed by the Gram Panchayat, the matter was remitted to the Assistant Collector, Ist Grade, Fatehabad, for fresh adjudication. Vide order dated 31.3.2006, the Assistant Collector, Ist Grade, Fatehabad, allowed the petition and directed ejectment of the private respondents. Aggrieved by this order, the private respondents filed an appeal before the Collector, Fatehabad, which was again remitted to the Assistant Collector, Ist Grade, Fatehabad. Vide order dated 28.11.2008, the Assistant Collector, Ist Grade, Fatehabad, ordered ejectment of the private respondents and imposed a penalty of `10,000/- per hectare per year from the year 1994. The private respondents filed an appeal before the Collector, Fatehabad, which was dismissed on 16.4.2009. On 22.7.2009, the revision petition filed by the private respondents before the Commissioner, Hisar Division, Hisar, was allowed, orders passed by the Collector and Assistant Collector, Ist Grade, Fatehabad, were set aside and the ejectment petition was dismissed. The private respondents filed an appeal before the Collector, Fatehabad, which was dismissed on 16.4.2009. On 22.7.2009, the revision petition filed by the private respondents before the Commissioner, Hisar Division, Hisar, was allowed, orders passed by the Collector and Assistant Collector, Ist Grade, Fatehabad, were set aside and the ejectment petition was dismissed. However, while ordering as above, the Commissioner directed the Collector, Fatehabad to examine the merits of the case and if deemed appropriate, direct the Gram Panchayat to file petition under Section 13-A of the Act for adjudication of the question of title. Counsel for the petitioner submits that as the judgment and decree dated 29.6.1971 passed in Civil Suit No.287 of 1965, has held that the land in dispute belongs to Gram Panchayat as the share of the Muslim migrants, in Shamilat deh, prior to the partition of country, the land vests in the Gram Panchayat. It is further submitted that the private respondents have not adduced any evidence as to how, when and on what basis, they came into possession. The private respondents have not disclosed the identity of their landlords. It is also contended that the Commissioner has reversed orders passed by the Collector and Assistant Collector by holding that the land was wrongly mutated in the name of Gram Panchayat but has not made any reference to the revenue record. It is further contended that if the Commissioner was of the opinion that a tangible question of title arose for adjudication, he was obliged to direct the Assistant Collector, Ist Grade, Fatehabad, in view of first proviso to Section 7 of the Act to frame a question of title and decide the same in accordance with law. It is prayed that as the impugned order is illegal and void, the writ petitions may be allowed. Counsel for the private respondents submits that the Gram Panchayat has not produced any revenue entry to establish that the land in dispute was Shamilat Deh or the share of Muslim migrants, before the partition of the country. It is contended that in the absence of any such evidence, revenue entries recording the private respondents as tenants and proprietors as co-sharers was rightly, held by the Commissioner as sufficient to dislodge the claim of ownership. It is contended that in the absence of any such evidence, revenue entries recording the private respondents as tenants and proprietors as co-sharers was rightly, held by the Commissioner as sufficient to dislodge the claim of ownership. The Commissioner has, therefore, rightly set aside orders passed by the Assistant Collector, Ist Grade, Fatehabad, rejected the Civil Court judgment and held in favour of the petitioner. It is, however, contended that in case the Gram Panchayat is dissatisfied or has any grievance with respect to the impugned order, it may approach the Assistant Collector/Collector by way of petition under Section 13-A of the Act. We have heard counsel for the parties and perused the impugned orders and find no reason to interfere except to the extent that the Commissioner has directed the Collector to examine the matter on the Administrative side. In view of the mandate of the first proviso to Section 7 of the Act, the matter should have remitted to the Assistant Collector, Ist Grade, Fatehabad to frame a question of title and decide the same before proceeding to consider the application under Section 7 of the Act. Section 7 of the Act reads as under: “7. Power to put panchayat in possession of Shamilat deh- (1) The collector shall, on an application made to him by a panchayat, or (a) by an officer, duly authorised in this behalf by the state government by a general or special order, after making such enquiry, as he may think fit and in accordance with such procedure as may be prescribed put the panchayat in possession of the land or other immovable property in the Shamilat deh of that village which vests or is deemed to have been vested in it under this Act and for so doing the collector may exercise the powers of a revenue court in relation to execution of a decree for possession of land under the Punjab Tenancy Act, 1887. (2) An appeal against the order of the collector under sub-section(1) shall lie to the Commissioner and the period of limitation for such an appeal shall be sixty days from the date of the order appealed against.” The Commissioner, while setting aside orders of eviction has directed the Collector to scrutinize the papers properly and direct the Gram Panchayat to file a petition in case it is found that the Gram Panchayat has any title. The Commissioner, Hisar Division, Hisar, was exercising quasi judicial powers and was therefore, required to direct the Assistant Collector, Ist Grade, Fatehabad, to frame a question of title, as required by the first proviso to Section 7 of the Act and keep the application under Section 7 in abeyance, till the question of title is finally decided. The Commissioner had no jurisdiction to direct the Collector to deal with the matter on the administrative side. In view of what has been stated hereinabove, the writ petitions are allowed and disposed of by modifying the order dated 20.7.2009 in the following terms: (a) The orders passed by the Assistant Collector, Ist Grade, Fatehabad, and the Collector, Fatehabad, are set aside. (b) The order passed by the Commissioner, Hisar Division, Hisar dated 22.7.2009 is modified to the extent that the matter shall stand remitted to the Assistant Collector, Ist Grade, Fatehabad, who shall in the exercise of power under Section 7 of the Act consider whether a question of title arises for adjudication and then proceed in accordance with law. The needful be done within six months of the parties putting appearance before the Assistant Collector, Ist Grade, Fatehabad, on 23.5.2012. A copy of this order be placed on the files of other connected cases.