IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No.497 of 2009 (O&M) Date of decision:18.1.2010 Sher Singh and others -----Appellants Vs. The Gram Panchayat of Village Ballian and others -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Amarjjit Markan, Advocate for the appellants. --- Adarsh Kumar Goel,J. 1. This appeal has been preferred against order of learned Single Judge whereby matter has been remitted back to the appellate authority. 2. The matter arises out of application for eviction filed under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, ‘the Act’). The defence of the appellants was that the Panchayat was not the owner LPA No.497 of 2009 (O&M) and entry in favour of Panchayat was made only on the basis of letter of the Deputy Secretary of the Government. This plea having not been accepted, writ petition had been filed. 3. Learned Single Judge held that making of entry only on the basis of letter of the Deputy Secretary was not proper and it would be appropriate to remit the case back to the appellate authority to reconsider the entire issue on the basis of evidence available on record. Reference was also made to judgment of Full Bench of this Court in Jai Singh v. State of Haryana, 2003(2) RCR (Civil) 578. 4. Only contention raised by learned counsel for the appellants is that while remitting the matter back to the appellate authority, certain observations have been made which may prejudice the case of the appellants before the appellate authority. 5. We are unable to accept this submission. It is made clear that any observation made in the impugned order will not be treated as final and conclusive by the appellate authority and the said authority will decide the matter on merits in accordance with law. It is also clarified 2 LPA No.497 of 2009 (O&M) that the word “not” in the last para of the impugned order appears to have been inadvertently mentioned. The appellate authority will decide the matter on merits on the basis of evidence available on record. 6. The appeal is disposed of. (Adarsh Kumar Goel) Judge January 18, 2010 (Alok Singh) ‘gs’ Judge 3