By the Court, J.—The present writ petition has been filed for quashing the recovery certificate dated 10.5.2004 (Annexure 5 to the writ petition). Further issuing a writ in the nature of mandamus directing the respondents not to recover any amount in pursuance of the Recovery Certificate dated 10.5.2004.

2. On 4.12.2006 on the request of the learned counsel for the petitioner, the case was ordered to be listed in the next Cause list to enable the petitioner to withdraw the suit which was pending before the Civil Judge (Senior Division) Bulandshahar. Now a certified copy of the order has been produced before this Court showing that the suit has been withdrawn on 8.1.2007.

3. The contention raised on behalf of the petitioner is that the amount of Tehbazari cannot be recovered as arrears of land revenue. In an auction proceeding, which was held on 19.5.2003, the petitioner was the highest bidder accordingly, the tender was released in favour of the petitioner and the same was confirmed by the District Magistrate vide its order dated 1.6.2003. According to Clause 14 of the terms and conditions, it was prescribed that in case of default in making the payment of installments for