Pindari Varnish Udhyog Lau Banj vs District Magistrate And Ors. on 3 October, 2001

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Uttaranchal High Court
Pindari Varnish Udhyog Lau Banj vs District Magistrate And Ors. on 3 October, 2001
Author: P V Jain
Bench: P Verma, M Jain

JUDGMENT

P.C. Verma and M.C. Jain, JJ.

1. This is a writ petition filed by the petitioner challenging the recovery certificate dated 20.8.2001. The amount sought to be recovered as arrears of land revenue is of the trade-tax due against the petitioners.

2. The learned counsel for the petitioner submits that the assessment order was passed ex parte and he has moved application on 27.7.2001 for recall of the order and to decide the assessment proceedings on merits.

3. Learned counsel for the petitioner submits that despite the application, no order has been passed thereon. In case his application is allowed and the order is modified, the petitioner shall, after recovery of the amount, suffer irreparably.

4. Considering the facts and circumstances of the writ petition, we dispose it of with the direction that the recovery proceedings shall remain suspended till the application of the petitioner is decided by the authorities concerned. The authorities are directed to decide the same within fifteen days from the date of production of certified copy of this order.

5. The petitioner shall file certified copy of this order within three days.

6. The petition is disposed of accordingly.

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