By means of this petition, moved under Article 226/227 of Constitution of India, the petitioners have challenged order dated 03.08.2007, passed by respondent No.5 (Prescribed Authority/City Magistrate, Haldwani), whereby said authority has held that it has jurisdiction to proceed with the proceedings against the petitioners under Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972. The question involved in this case is whether the petitioners are tenure holders, governed under any tenancy law, or is their occupation being over the Nazul land is governed by Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972?

2) Heard learned counsel for the parties, and perused the affidavit, counter affidavit, rejoinder affidavit and supplementary affidavit, filed in this case.

3) Briefly stated petitioners case is that the petitioners’ grand father Imtiaz Hussain, was a grove holder over the disputed land measuring 64 Bigha 14 Biswa of land, situated in Haldwani Khas. It is alleged by the petitioners that copies of khasra of the years 1320 Fasli and 1331 Fasli (calendar year 1913-14 and 1924-25), which are annexed as Annexures-1 and 2 t