prove their cultivating possession before 26.1.1950 and as the petitioners are clearly recorded as lessees of the Gram Panchayat in jamabandi for the year 1971-72, and thereafter, in possession as unauthorized occupants in the years 1977-78, 1983-84 and 1986-87, they do not have any right or title in the land in dispute. However, while deciding as above, the learned Commissioner did not decide, much less, advert to the plea accepted by the Collector that the land is excluded from Shamilat deh as it was Banjar Qadim on 9.1.1954. A perusal of the order passed by the Commissioner reveals that finding recorded by the Collector has not been referred to, much less, considered or decided while accepting the appeal filed by the Gram Panchayat. At this stage, we would like to clarify that land described as “Shamilat deh” vests in a Gram Panchayat by virtue of the 1954 Act. A reading of Sections 2(g)(1) and Section 3 of the 1961 Act reveals that only such “Shamilat deh” is excluded, from vesting in a Gram Panchayat, as is provided by Section 2(g) or Section 4 of the 1961 Act. The mode and manner of vesting and exclusion of land from Shamilat deh is contained in Section 3(1) and 3(2)(i) of the 1961 Act, which read as follows:
