management and control thereof, but ownership in respect thereof, continues to vest in the village proprietary body concerned. However, in the wake of the above, though the petition land(s) is entered in the relevant column to be “ Gair Mumkin Abadi” , but, in the column of ownership, as stated above, there is no entry of “ abadi deh ”. Therefore, the lack of the above entry of “ abadi deh ” existing in the ownership column and with its holding the above incidence, thus makes this Court to conclude that the Gram Panchayat concerned, when did not hold absolute ownership over the land(s) carrying the above descriptions in the column of ownership, the legal sequel thereof is that when otherwise the land(s) is required to be owned by the Gram Panchayat, for its being well enabled to institute a lawful motion under Section 7 of the Act of 1961, whereas, the petition land(s) never became owned by the Gram Panchayat. Therefore, the institution of an eviction petition, under Sections 4 and 5 of the Act of 1973, is a valid motion. In drawing the above conclusion, this Court draws fortification from a judgment made by a Full Bench of this Court, in CWP-2318-2002 , titled “Prakash Singh & others V/s Joint Development Commissioner, Punjab & others”, and, the relevant paragraph whereof are extracted hereinafter.
