S.U.Khan, J. - (1.) This writ petition is dismissed against order dated 18.10.1985 passed by Rent Control and Eviction Officer, Aligarh in case No. 17 of 1985, State v. Dr. Rafique and Smt. Hameeda Begum. Through the said order vacancy of building in dispute was declared. Petitioner filed objections before the Rent Control and Eviction Officer stating therein that she got the accommodation in dispute vacated by her tenant Dr. Rafique through compromise in proceedings under Section 21 of U.P. Act No. 13 of 1972. The Rent Control and Eviction Officer declared vacancy only and only on the ground that on two or three occasions when Rent Control Inspector went to inspect the house in dispute it was found closed. This by itself cannot amount to vacancy. When the building is released under Section 21 of the Act, proceedings for allotment under Section 12/16 of the Act are not maintainable. Whenever release application under Section 21 of the Act is allowed on the basis of compromise, it is allowed only when prescribed authority is satisfied about the genuineness of the compromise and bona fide need of the landlord. Thereafter building cannot be treated as vacant.
(2.) Accordingly, impugned order dated 18.10.1985 is. set aside. Writ petition is allowed. Petition allowed.;