JUDGMENT

V.S. Sirpurkar, J.—

1. Leave granted.

2. This judgment will dispose of the SLP (C) 11653 of 2008 as also SLP (C) 25729 of 2008 since both the appeals involve identical points regarding the applicability of UP Public Premises (Eviction of Unauthorised Occupants) Act, 1972 to the land possessed by the respondents, more particularly, the lands vested in or entrusted to the management of the Gaon Sabha and or any other local authority under any law relating to land tenures.

3. By way of the present appeal the State of Uttar Pradesh, now State of Uttarakhand challenges the judgment of the High Court whereby the High Court has allowed the Writ Petition filed by the respondent herein Shri Rabindra Singh.

4. Factual scenario is as follows:

The dispute relates to a land measuring 4.10 bighas in Khasra Plot No.1371/24/1 situated in village Saran. The said land was in possession of the respondent since 1384 Fasli. The High Court has allowed the Writ Petitions by these two judgments holding that such lands would not be covered within the definition of “public premises” under the UP Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter called the ‘Public Premises