GANGESHWAR PRASAD, J. :-These connected writ petitions, which raise among other questions the question of the vires of the (J. P. Public Land (Eviction and Recovery of Rent and Damages) Act XIII of 1959, came up for hearing before this Full Bench upon a reference made by G.C. Mathur, J.

2. The facts leading up to the petitions may be briefly stated. Certain plots of land in District Naini Tal are in occupation of the petitioners, the plots in occupation of the petitioner in Writ Petition No. 3755 being situate in village Nagla Tarai Tahsil Khatima while those in occupation of the petitioners in Writ Petition No. 3756 being situate in village Rahpura Tehsil Kaichha. It is admitted that the U.P. Zamindari Abolition and Land Reforms Act of 1950 does not apply to the areas in which the plots are situate and they are governed by the U.P. Tenancy Act of 1939 Proceedings for the eviction of the petitioners from the aforesaid plots were started under the provisions of the U.P. Public Land (Eviction and Recovery of Rent and Damages) Act XIII of 1959 (hereinafter referred to as the Act unless described otherwise to avoid confusion). The Public Authority constituted under the Act issu