Tarlok Singh Chauhan, J.

Since common question of law and facts arise for consideration in these petitions, therefore, these petitions were taken up together for hearing and are being disposed of by way of this common judgment.

2. Both the petitioners have been found to have encroached upon the Government land by both the authorities below while exercising power under the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (for short the ‘Act’) and have now by medium of this writ petition prayed for setting aside of the orders so passed.

3. The brief facts as are necessary for adjudication of these petitions are that the respondent No. 2 filed complaints against the petitioners under Section 4 (1) of the Act before the competent authority i.e. Collector-cum-Divisional Forest Officer, Kullu on the allegation that the petitioner Gulab Dass had encroached upon the Government land measuring 1-56-90 hectares i.e. khasra Nos. 79/2/1 measuring 01-01-16 hectares and 79/2/2 measuring 0-55-74 hectares in Muhal Prini by planting apple trees. Whereas petitioner Budhi Singh had encroached upon the land measuring 1-05-07 hectares in the same Muhal comprising Khasra Nos. 2