Hon’ble Sunil Hali, J.—The petitioner claims himself to be in possession of the land situate in plot No. 769 measuring an area 3 biswas and 7 biswansi. The petitioner states that the said land has been allotted to him on lease by the S.D.O. Dhampur on 23.5.1979. Thereafter, according to the petitioner, on 9.7.1984 he became bhumidhar with non-transferable rights and, subsequently, on 21.7.1990 he became bhumidhar with transferable rights over the said land. The petitioner executed sale-deed of this plot.

2. A suit was filed under Section 229-A of the U.P.Z.A. & L.R. Act by the Nagar Palika-respondent to cancel the allotment issued in favour of the petitioner and the said land be recorded as reserved for public utility. The trial Court, vide its order dated dated 14.11.1995, recorded a finding that suit under Section 229-A can only be filed when tenant occupies the premises even after being evicted therefrom and, accordingly, it dismissed the suit on the ground that the same was not maintainable.

3. Aggrieved by the aforesaid order, the Nargar Palika preferred revision. The revisional Court, after hearing the parties, found that the allotment issued in favour of the petition