3. The facts are admitted. On 19.10.1993, Patwari Patti Kaudia submitted his report alleging that respondent no. 1 has illegally encroached upon the government land situated in Village Batula Patwari Circle Kaudia, Tehsil and District Chamoli. The Prescribed Authority, after taking cognizance on the report of the Patwari, issued notice to respondent no. 1, proceeded with the case under Section 4 of the U.P. Public Premises (Eviction of the Unauthorized Occupants) Act, 1972 (hereinafter referred as to the Act, 1972) and finally passed the order on 08.08.1995 directing opposite party no. 1 to vacate the land in question. Respondent no. 1, Swami Premanand preferred an appeal before the learned District Judge, Chamoli against the aforesaid order. The learned District Judge, Chamoli allowed the appeal and remanded the case to the Prescribed Authority Chamoli for fresh adjudication. In the meanwhile, respondent no. 1 further made encroachment on the government land, therefore, Patwari, Patti Kaudia, was directed to submit his report; in his subsequent report dated 29.06.2001, Patwari concerned stated that respondent no. 1 further made encroachment on the government land, therefore, Prescribed Authority issued fresh notice under Section 4 of the Act 1972 to the respondent no. 1 who filed written statement on 09.08.2002. At the instance of respondent no. 1, a report was also sought from the Naib Tehsildar, who , accordingly, submitted his report on 03.07.2002 to the Prescribed Authority. He reported that there has been encroachment of 5 Nalis 14 Muthi whereas Patwari reported encroachment of the area of 7 Nalis,
