assessment order passed under section 74 of the CGSt Act in place of under section 62 of the cgst Act non-filiers of gst returns - Goods and Services Tax - GST

for the period 2017-2018, SCN issued on 31.03.2018, Ex-parte order u/s. 74 on 16.06.2023, for non-filiers of GST returns and RC cancelled on 08.01.2020 for non-filing of returns. GST department passed the order under section 74 of the GST Act , in place of section 62 for non-filiers of retuns and thereby not followed Circular No. 129/48/2019-GST dated 24.12.2019 issued by CBIC. Time for filing statutory appeal has expired on 16.10.2023. Is there any case laws, I am thinking to file Writ petition challenging the assessment order passed in contrary to provision of law, void, without jurisdiction. Kindly discuss.