- (1.) The solitary question mooted out in this writ petition, in which a prayer has been made to quash the recovery proceedings including its certificate dated 1-6-1996, as contained in Annexure 7 as well as citation dated 22-6-1996, as contained in Annexure 8, is that in the absence of any agreement to the contrary the amount sought to be recovered cannot be recovered as arrears of land revenue.
(2.) Mr. Khan, learned counsel appearing in support of the petitioner, took us to several paragraphs of the writ petition as well as various orders passed in this case from time to time that despite grant of repeated indulgence to the respondents since 16-7-1996 they have not come up with any counter and accordingly invoking the doctrine of non-traverse this court may accept the submission in this regard as correct.
(3.) Mr. Yadav, learned Standing Counsel, on the other hand, initially again prayed for adjournment, but when we drew his attention to the order dated 1 6-7-1996, 13-8-1996, 16-10-1996 and expressed that it will no longer be possible for us to accede to the request, proceeded to make a submission that in the absence of any counter it is difficult to rebut the contention of Mr. Khan.;