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3. In the writ petition, it is contended that the land comprised in Khasra No. 78 Mauja Rishikesh, District Dehradun was owned by one Lalit Mohan and petitioners were occupying the said land as tenant, wherefrom they were running their business. In para 3 of the writ petition, it is mentioned that declaration under Section 143 of Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950 (from hereinafter referred to as "UPZA&LR Act") was also made by the Competent Authority in respect of the said land. It is contended that since the land is governed by UPZA&LR Act, therefore, petitioners can be evicted only by following the procedure laid down in UPZA&LR Act.

6. Learned Prescribed Authority held that there is nothing on record to show that petitioners were in possession as agriculturist and their claim of possession is not supported by any entry in revenue records; it was further held that the land in question is not used for agriculture, therefore it does not come within the meaning of the term 'land', as defined in UPZA&LR Act.

Learned Appellate Authority affirmed the judgment rendered by Prescribed Authority by holding that the land in question was recorded in Revenue Record in the name of Education Department, as the same was gifted on 20.08.1973 by Lalit Mohan to Education Department for establishing a Government Degree College and provisions of UPZA&LR Act are not applicable to the said land, as it was within Municipal Limits on the date of enforcement of said Act.

8. Learned counsel for petitioners then contends that since it is an agricultural land, therefore, petitioners can be evicted therefrom only by invoking provisions contained in Section 122-B(3) of UPZA&LR Act and provisions contained in Act No. 22 of 1972 could not have been invoked for evicting the petitioners.

9. This submission is also without any force. In para 3 of the writ petition, it is pleaded that declaration under Section 143 of UPZA&LR Act was made by the Competent Authority in respect of land in question. Sub-Section (2) of Section 143 of the Act provides that upon grant of declaration under Section 143(1) of the Act, provisions of Chapter VIII of UPZA&LR Act shall cease to apply to the Bhumidhar with transferable rights with respect of such land.

11. It is not in dispute that the land in question is used for commercial purposes and petitioners admit that declaration under Section 143 of the said Act is also issued by the competent authority, therefore, the land cannot be said to be governed by provisions of UPZA&LR Act. For ready reference Section 143 of UPZA&LR Act is reproduced below:-

"143. Use of holding for industrial or residential purposes. - (1) Where a [bhumidhar with transferable rights] uses his holding or part thereof for a purpose not connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming, the Assistant Collector incharge of the Sub-Division may, suo motu or on an application, after making such enquiry as may be prescribed, make a declaration to that effect.