( 1 ) THE petitioner moved an application for release of the house under Section 21 (1) (a) of U. P. Act No. XIII of 1972 regarding house No. 6, State Bank Colony, Sadabad Gate, Hathras, annexure-2 to the writ petition. The application for release was allowed by the prescribed authority by order dated 23. 11. 1998. Annexure-5 to the writ petition (being case No. 17 of 1995 ). Against that order the respondent No. 2 preferred appeal No. 33 of 1998 under Section 22 of U. P. Act No. XIII of 1972. The said appeal has been allowed on 12. 5. 1999. Annexure-6 to the writ petition. Therefore, the petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

( 2 ) I have heard Sri P. Gupta, learned counsel for the petitioner and the learned standing counsel. The respondent No. 2 has been served but is not come tc oppose the petition.

( 3 ) IT has been argued by Sri P. Gupta, learned counsel for the petitioner that the disputed house was constructed by the petitioner in the year 1979 and it was first assessed to the tax from 1. 4. 1980. That the petitioner was living in the house. That the petitioner is employee of State b