JUDGMENT :

The writ petition has been preferred by the State as against the impugned judgment rendered by the Court of District Judge, Champawat, on 21.09.2010 in Appeal No.12 of 2009, whereby the appeal preferred by the alleged unauthorized occupant under Section 4/5 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 has been allowed and, as a consequence thereto, the judgment of the Prescribed Authority dated 30.04.2009 has been set aside, thereby resulting into turning down the proceedings under Section 4/5 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972.

2. Before dealing with the basic facts, a backdrop of the basic issue, as to whether at all the land in question happens to be a public land, over which any right could at all be vested to respondent no.2-Mohini Devi is a fact, which is required to be considered by this Court.

3. For the purpose of initiation of the proceeding under Section 4(1) of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972, the basic premise is that the property has had to be a “public premises”, as it has been defined under the Act, itself i.e. in its Sub-section (e) of Section 2, it