2025:UHC:902 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 2578 of 2015 Hon’ble Manoj Kumar Tiwari, J. Mr. Yogesh Chandra Tiwari, Standing Counsel for the State of Uttarakhand / petitioner. 2. Mr. Mukesh Singh Rawat, Advocate for the respondent. 3. State has filed this writ petition challenging the judgment dated 26.09.2014, passed by learned District Judge, Chamoli, in Misc. Civil Appeal No. 15 of 2012. By the said judgment, respondent’s Appeal under Section 9 of U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 was allowed, and the order of eviction passed against her was set aside on the ground that respondent is the tenure holder of the land in question, therefore, she cannot be evicted in proceedings under the aforesaid Act. 4. Petitioner has challenged the judgment rendered by learned District Judge on the ground that the finding that the respondent is tenure holder in respect of the land in question is based on no evidence. 5. Learned State Counsel submits that identical issue in respect of the same village has been decided by this Court in Writ Petition (M/S) No. 2574 of 2015 and other connected writ petitions. The copy of the judgment 2025:UHC:902 rendered in Writ Petition (M/S) No. 2574 of 2015 and other connected petitions is produced by learned State Counsel. Perusal of the said judgment reveals that, in that case also, this Court held that the finding that respondent is tenure holder is based on no evidence, and in such view of the matter, the writ petition of the State was allowed and the matter was relegated to the District Judge for decision in the Appeal afresh. 6. Mr. Mukesh Singh Rawat, learned counsel appearing for the respondent also concedes that identical issue has been decided by this Court in the said writ petition. 7. Accordingly, this writ petition is decided in terms of the judgment dated 07.12.2023, rendered in Writ Petition (M/S) No. 2574 of 2015. The impugned judgment dated 26.09.2014 passed by learned District Judge is set aside. The Appeal filed by respondent under Section 9 of U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 shall stand restored to the file of District Judge, who shall decide the Appeal afresh, as per law, expeditiously. It shall be open to the respondent to place on record any documents; she has, for supporting her claim regarding right, title or interest over the property in question. (Manoj Kumar Tiwari, J.) 13.02.2025 Navin