IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.25657 of 2008 Between: M/s.Ram Developers Flat No.209 Srinilaya Estates Ameerpet,Hyderabad Rep.by its Partner Mr Vikas Kumar. ...PETITIONER AND 1 The Appellate Deputy Commissioner (CT) Punjagutta Division Hyderabad. 2 The Commerical Tax Officer Srinagar Colony Circle Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ of Mandamus or any other appropriate writ or order direction declaring the action of the 1st respondent in rejecting the stay application by proceedings dt 31-10-2008 in Appeal No.PV/67/2008-09 without considering any contentions of the petitioner much less not even referring them as arbitrary contrary to Law and in violation of principles of natural justice and Rule of law and consequently grant stay of collection of disputed tax Of Rs 2,80,000/- for assessment year 2007-08 pending disposal of the appeal before the 1st respondent. Counsel for the Petitioner: MR.SHAIK JEELANI BASHA Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION NO.25657 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri Shaik Jeelani Basha, learned counsel for the petitioner and the learned Government Pleader for Commercial Tax for the respondent. At their request, the Writ Petition itself is taken up for disposal at the admission stage. The grievance of the petitioner is against the recovery being affected pending the substantive appeal on the file of the first respondent, as against the order impugned. Though substantial amounts have been paid, the respondents are proceeding to recover the same. Hence, the Writ Petition. Having heard on either side and on perusal of the material available on record, we are of the view that since the main appeal itself is pending on the file of the first respondent, we refrain to go into the merits or objections raised by the respondents. These are all matters to be gone into in the main appeal. The Writ Petition is, accordingly, disposed of. However, there shall be stay pending the appeal subject to the condition that the petitioner deposits half of the disputed tax within a period of six {6} weeks from today. It is needless to mention that any amount, which is already paid, shall be given credit to. No costs. _________________ (B.PRAKASH RAO, J) ______________________ (VILAS V.AFZUL PURKAR, J) 24th November 2008 RRB