Hon'ble S.C. Chaurasia,J.
Heard Shri D N. Pandey, learned counsel for the petitioner, Shri S.S.Chauhan learned counsel on behalf of the Nagar Nigam, Shri S.P. Singh and the learned Standing counsel.
Counter affidavit on behalf of opposite parties no. 2,3 and 4 has been filed today, which is taken on record.
The assessment order dated 20.10.2008 has been passed by Assessing Authority of Nagar Nigam, a copy of which has been filed as Annexure-4 to the writ petition. Feeling aggrieved with the assessment order, petitioner has preferred an Appeal No. 220 of 2008 pending before the Judge Small Causes Court. While admitting an appeal the Court had declined to grant any exparte injunction. A copy of the order passed by the Judge Small Causes Court Lucknow has been filed as Annexure-5 to the writ petition. In the meantime, recovery proceeding has been initiated. Feeling aggrieved, the present writ petition has been preferred.
While approaching this Court the petitioner has challenged the citation of recovery. Now it has been settled that unless the basic order is challenged, the writ petition against the consequential order is not maintainable. However, basic order is subject matter of dispute before the appellate court.
In view of above, writ petition is not maintainable, hence, dismissed with liberty to petitioner to approach appropriate forum.
Order Date :- 11.1.2010 Madhu