Heard learned counsel for the parties.
Petitioner seeks quashing of the recovery certificate dated 14.12.2009. From the records of the present writ petition it is apparently clear that the petitioner had filed Appeal No. 75 of 2007-08 before the Chief Revenue Controlling Authority U.P. The appeal was dismissed for non-appearance on 04.11.2008. The petitioner filed an application for recall of the order on 16 th December, 2009 i. e. after more than one year of the order dismissing the appeal. The restoration application is accompanied with a Section 5 application. Both the applications are pending. Therefore, recovery proceedings have been initiated in terms of the order passed by the competent authority. The petitioner by means of this writ petition seeks quashing of the recovery proceedings.
I am of the considered opinion that the writ petition is totally misplaced. The order dismissing the appeal in default is not under challenge nor it can be challenged, inasmuch as the restoration application is still pending along with Section 5 application. Consequential recovery cannot be challenged without challenging the main order determining the liability. Petitioner may be at best advised to approach the appellate authority in respect of its grievances. Writ petition is dismissed.
Order Date :- 22.6.2010 Pkb/