JUDGMENT Jasbir Singh, J. (Oral) The petitioner has laid challenge to an order dated 16.9.1988, vide which he was ordered to be evicted from 6 Biswas of land, under his possession, on a ground that the land is under ownership of the Gram Panchayat. As per facts on record, it is case of the petitioner that out of land, falling in Khasra No. 1370, he had purchased the land in dispute. During consolidation proceedings, in lieu of above said land, no land was allotted to him. After consolidation, dispute started between Babu Singh and the petitioner qua ownership of that land. Matter went to the Consolidation Authorities and vide order dated 26.5.1973, case was remitted to the Consolidation Officer with a direction that he should hear all the interested parties, members of Consolidation Advisory Committee and after visiting the spot, take necessary action. The Consolidation Officer decided the matter on 4.12.1973. The petitioner, feeling aggrieved, went in appeal, which was dismissed by the Settlement Officer on 19.9.1974. Thereafter, he approached the Assistant Director, Consolidation of Holdings, Punjab as per the provisions of Section 21 (4) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. After hearing the interested parties, including Sarpanch of the Gram Panchayat, the matter was remitted to the Consolidation Officer with a direction that he should visit the spot to verify as to who, out of Babu Singh and Nachhatar Singh, were in possession of the land in dispute. It was further observed that if possession, over Plot No. 1370, is of Nachhattar Singh, then Babu Singh be compensated and vice versa. It was also noted that the petitioner had purchased 4 Biswas of land from Ram Singh. Above order was passed on 18.2.1975. In response to that order, matter was taken up by the Consolidation Officer and vide order dated 12.5.1975, land measuring 6 Biswas, out of Khasra No. 1469, was allotted to the petitioner, after withdrawing it from Khewat of the Gram Panchayat. Plot No. 1370 was given to Babu Singh, taking note of a fact that he had raised construction thereupon. After order dated 12.5.1975, demarcation was done at the spot and the petitioner was put in possession. No objection was raised by the Gram Panchayat to the orders passed by the Assistant Director, Consolidation on 18.2.1975 and by the Consolidation Officer on 12.5.1975. After order dated 12.5.1975, demarcation was done at the spot and the petitioner was put in possession. No objection was raised by the Gram Panchayat to the orders passed by the Assistant Director, Consolidation on 18.2.1975 and by the Consolidation Officer on 12.5.1975. Thereafter, it appears that the Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, seeking ejectment of the petitioner, from land measuring 6 Bighas and 13 Biswas, falling in Khasra No. 1469/839. That application was allowed on 3.12.1980. The petitioner went in appeal. It was accepted on 3.6.1981 and the matter was remitted to the Collector with a direction to give a firm finding of fact, as to whether the Gram Panchayat owned only shamlat land before consolidation took place in the village and further, whether land comprised in Khasra No. 1469, was shamlat land or was Bachat land. After remand the matter was again taken up by the Collector and vide order dated 9.4.1984, application of the Gram Panchyat was allowed qua 5 Bighas and 7 Biswas of land. However, it was rejected so far as 6 Biswas of land, stated to have been purchased by the petitioner is concerned. It was specifically stated that the Consolidation Officer has rightly given above said piece of land to the petitioner. Relevant portion of the order dated 9.4.1984 reads thus :- “I have come to the conclusion after examining the record produced by both the parties and hearing the counsel for the parties that the applicant could neither prove as to how much land was 'Shamlat' prior to consolidation, nor could he prove that the land out of Khasra No. 1469 which was allotted to respondent in lieu of the land of Khasra No. 1370 was Shamlat or Bachat land. The Consolidation Officer has allotted 0-6 Biswa of land to respondent vide his order dated 12.5.1975 out of Khasra No. 1469 of Gram Panchayat. If this was Bachat land it should have been recorded in revenue record. As this land has been taken from Shamlat it was taken to be as a Shamlat land. So out of the whole are of Khasra No. 1469 measuring 5 Bighas 13 Biswas as Shamlat land, the Consolidation Officer has rightly given the land 0-6 Biswas (15 Karam x 8 Karam) to the respondent. As this land has been taken from Shamlat it was taken to be as a Shamlat land. So out of the whole are of Khasra No. 1469 measuring 5 Bighas 13 Biswas as Shamlat land, the Consolidation Officer has rightly given the land 0-6 Biswas (15 Karam x 8 Karam) to the respondent. Therefore, the application regarding 0-6 Biswas out of Khasra No. 1469/1 is rejected. The rest of the land of Khasra No. 1469, measuring 5 Bighas 7 Biswas is the ownership of Gram Panchayat, on which the respondent has no claim.” Respondent-Gram Panchayat went in appeal, which was allowed vide the impugned order dated 16.9.1988. In that order, it was stated as under :- “I have carefully examined the record and written arguments given in this case. According to jamabandi for the year 1951-52, 1969-70 and 74-75, Gram Panchayat is owner of the disputed land and Gram Panchayat is continuous possession over this land. According to record, this land is not a Bachat land. Nagar Panchayat is the owner of the land. Consolidation Officer had got no jurisdiction to allot the land of Gram Panchayat to the respondent. If there was any deficiency in the land of the respondent, the same could be made good from the Bachat land or from the land of Mushtarka Malkan. In this case, Consolidation Officer has allotted 6 Biswas land to the respondent from the land of Gram Panchayat without hearing the Gram Panchayat. This order of the Consolidation Officer is not binding on Gram Panchayat. The land in dispute is owned by Gram Panchayat. This appeal is accepted and Gram Panchayat is being declared as owner of the 6 Biswas of land in dispute. As far as that part of the order of the lower Court is concerned with which he had declared the respondent as owner of 6 Biswas of land, that part of the order is set aside.” Order passed by the Collector on 9.4.1984 was reversed, simply by stating that the land in dispute was ownership of the Gram Panchayat and was not Bachat land. It was further stated that the petitioner should have been compensated out of Mushtarka Malkan land/Bachat land. It was very erroneously said that order passed by the Consolidation Officer is not binding upon the Gram Panchayat. It was further stated that the petitioner should have been compensated out of Mushtarka Malkan land/Bachat land. It was very erroneously said that order passed by the Consolidation Officer is not binding upon the Gram Panchayat. After hearing counsel for the parties, we are not in agreement with the view expressed by the Appellate Authority in order dated 16.9.1988. It is not in dispute that qua ownership and possession of land, falling in Khasra No. 1370, dispute arose between the petitioner and one Babu Singh. Matter went before the Consolidation Authorities and vide order dated 18.2.1975, the Assistant Collector Ist Grade, after hearing the Gram Panchayat, remitted the matter to the Consolidation Officer, to decide after hearing the necessary parties. The Consolidation Officer looked into grievance of the contesting parties and to settle their claim, 6 Biswas of land was allotted to the petitioner, after withdrawing it from Khasra No. 1469. Both the orders have become final. The Gram Panchayat never laid challenge to those orders. It has also come on record that after passing of an order by the Consolidation Officer on 12.5.1975, it was implemented at the spot. Possession was delivered to the petitioner in the year 1975 and he is in settled possession of that land. It is also on record that mutation, in response to order dated 12.5.1975, in favour of the petitioner was sanctioned by the Revenue Authorities on 15.12.1975. The said order, sanctioning mutation, was also not challenged by the Gram Panchayat. The Appellate Authority was not justified to say that the order, passed by the Consolidation Officer, is not binding on the Gram Panchayat. That order was passed as per the provisions of law. The petitioner had been compensated for loss caused to him during consolidation proceedings. Once that order had become final, his entitlement cannot be rejected on a ground that the land is shamlat deh land. Otherwise also, it will not be proper to dispossess the petitioner who is in settled possession since from the year 1975. However, it is made clear that the petitioner shall retain only 6 Biswas of land (15 Karams x 8 karams) out of Khasra No. 1469. If not vacated, he shall immediately vacate rest of the land, falling in that Khasra number. Accordingly, this writ petition is allowed in the above terms and the impugned order dated 16.9.1988 is set aside.