( 1 ) THIS is a writ petition under Article 226 of the Constitution of India for a writ of certiorari quashing the order dated July 7, 1995, passed by the Commissioner of Income-tax (Appeals), muzaffarnagar, whereby the stay application filed by the petitioner in the appeal against recovery proceedings has been rejected. A writ of mandamus has also been sought for restraining the respondents from recovering the amount of income-tax for the assessment year 1992-93 from the petitioner and for a direction to the Commissioner of Income-tax (Appeals) for disposal of the appeal forthwith.

( 2 ) I have heard Sri Rakesh Kumar Agarwal learned counsel for the petitioner and Sri Rakesh ranjan Agarwal for the opposite party and perused the material brought on record.

( 3 ) THE petitioner has filed a first appeal before the Commissioner of Income-tax (Appeals) at muzaffarnagar, in respect of the assessment year 1992-93, whereby the income-tax liability of rs. 31,41,142 was determined but before the disposal of the appeal, the assessing authority has initiated recovery proceedings for the said amount. The stay application against recovery proceedings filed by the appellant-petit