THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 4990 of 2009 ORAL ORDER: (Per T. Meena Kumari, J) The Writ Petition is filed challenging the final assessment order dated 5.1.2009 passed by Respondent No.1 and also seeking a direction to the respondent No.1 to re-assess the assessment for the year 2006-07 after taking into consideration the C-Forms and F-Forms and/or alternatively to direct the respondent No.2 to consider the appeal and dispose off the same after taking into consideration the C-Forms and F-Forms. The learned Senior Counsel Sri S.R.Ashok has submitted that in pursuance of the assessment order for the year 2006-07, dated 5.1.2009 passed by Respondent No.1, the petitioner has deposited an amount of Rs. 1,25,44,711/- towards the 12.5% of the disputed tax for filing the appeal before the 2nd respondent- Appellate Deputy Commissioner, Hyderabad Rural Division, Hyderabad. But, however, the concerned officer has refused to grant stay of the impugned order, against which a statutory revision has been filed before the 3rd respondent-Additional Commissioner, Hyderabad and the same is pending before the 3rd respondent without passing any order thereon. Sri A.V. Krishna Koundinya, Special Standing Counsel for Commercial Taxes has opposed to grant stay of the impugned order. In view of the facts and circumstances of the case and also as the petitioner has already deposited a sum of Rs. 1,25,44,711/- and taking into consideration the submission that the C-Forms and F-Forms have already been filed before the 1st Respondent, we are of the opinion that it is a fit case to grant stay of the impugned assessement order dt. 28.2.09, subject to the condition of payment of Rs. 50 lakhs on or before 31.3.2009 in addition to the amount already deposited by the petitioner i.e.Rs. 1,25,44,711/- on 27.1.2009. We also make it clear that the appeal, which is filed before the 2nd respondent, shall be disposed of on or before 30th June, 2009. With the above observations, the Writ Petition is disposed of. _______________________ T. MEENA KUMARI, J _______________________________ C.V. NAGARJUNA REDDY, J 12.3.2009 N.B Operative portion by wire at party’s costs. B.O. CHV.