IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 5826 of 2009 Between: M/s Apollo Health and Life Style Limited, Life Sciences Centre, Apollo Hospitals Complex, Jubilee Hills, Hyderabad - 500 033, Rep by its Senior Manager, V.R. Murthy ..... PETITIONER AND 1 The Additional Commissioner of Commercial Tax and Joint Commissioner (CT), Legal, A.P. Hyderabad. 2 The Appellate Deputy Commissioner (CT), Punjagutta Division, Hyderabad. 3 The Assistant Commissioner (CT)-II, Punjagutta Division, Hyderabad. 4 The Commercial Tax Officer, Jubilee Hills Circle, Hyderabad. .....RESPONDENT(S) 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 a writ, order or direction particularly one in the nature of Writ of Mandamus declaring the impugned recovery notice vide Rc.No. OA/J.Hills./2008, dated 25-2-2009 issued by the 4th respondent, as illegal, arbitrary, highhanded, without authority of law and without jurisdiction and contrary to the provisions of the Act and in violation of principles of natural justice, in insisting the disputed tax and initiating coercive action under the provision of the APVAT Act Counsel for the Petitioner: MR.S.SYAMSUNDER RAO Counsel for the Respondents: Sri A.V. Krishna Koundinya, Special Standing Counsel for Commercial Tax The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) Learned advocate for the petitioner seeks permission to withdraw the petition so as to file a fresh petition with a prayer to challenge the validity of the impugned amendment. Permission is granted. The petition stands disposed of as withdrawn with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 20th March, 2009. ks