Prakash Krishna, J. - (1.) BY the order dated 10th of December, 1987, the Rent Control and Eviction Officer declared the shop No. 12/11. Mohalla Dhup Chandi, Maldahaia, Varanasi as vacant. Feeling aggrieved by the aforesaid order, the present writ petition is at the instance of the landlord. One Anil Kumar Chaturvedi, the respondent No. 2 filed an application before the Rent Control and Eviction Officer for allotment of the said shop on the ground that it was earlier in occupation of Durga Prasad as tenant who vacated it, therefore, there is a vacancy. The said application was contested by the present petitioner that Durga Prasad was never a tenant of the disputed shop and the disputed shop was let out to nobody. However, the said plea of the landlord was not accepted by the Rent Control and Eviction Officer and the impugned order was passed. Heard the learned Counsel for the petitioner. None appeared on behalf of the respondent No. 2. Notice by registered post was issued to the respondent No. 2 fixing 5th of February, 1990. The office has reported that neither acknowledgement receipt nor undelivered cover has been received back. There is no Vakalatnama on behalf of the respondent No. 2 on the record. In this view of the matter, it is evident that the respondent No. 2 is no longer interested in the shop in question. Having heard the learned Counsel for the petitioner at some length, I do not find any good ground to declare the shop in question as vacant. The applicant who applied for declaration of vacancy is not coming forward and the petitioner landlord is continuing in occupation for the last about 20 years. It is desirable that the proceedings before the Rent Control and Eviction Officer in Case No. 15 of 1985 be dropped. The writ petition, therefore, succeeds. The impugned order dated 10.12.1987 is set aside. No order as to costs.;