SURESHWAR THAKUR. J. 1. Prayer in the instant writ petition, is that, a mandamus be made upon respondents No.1 to 9 to vacate the Shamlat land measuring 0 bigha 27 biswasi adjoining khasra No.496, as thereons co-respondent No.10, has assumed illegal possession through his tethering thereon cattles, and, also that on some other portion of the petition land(s), co-respondent No.10 has raised a house despite the said land being reserved as a crematorian for the Missal Sikh Nishanwali. However, the above asked for mandamus, cannot be made as yet the statutorily prescribed remedies, for the relevant purpose are still available to become recoursed at the instance of BDPO concerned or by the petitioner, or at the instance of the Gram Panchayat concerned, through the institution a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') rather before the learned Collector concerned. Therefore, the learned State counsel is directed to ensure that the BDPO concerned, does forthwith draw a petition under Section 7 of the Act, against the encroachers concerned, upon the petition land(s). On such a motion being drawn, thereupon, the latter shall make a lawful order, thereon but positively within five months from its preferment, and, but after hearing all the affected persons. 2. Disposed of. 3. Consequently, any sum deposited with the Registry of this Court, is directed to be forthwith returned to the petitioner. Order accordingly.