IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 26962 of 2005 Between: M/s.Hari Chandana Agro Tech.Ltd., Kesarapally, Gannavaram Mandal, Krishna District represented by its Managing Director Mr.G.N.V.Ramakrishnam Raju. ..... PETITIONER AND 1 The Commercial Tax Officer, Vuyyuru, Krishna District. 2 Appellate Deputy Commissioner (CT), Vijayawada. .....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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in insisting for pre-deposit of the disputed taxes for maintaining the appeal for the assessment 2002-2003 under the CST Act through the petitioner is covered by tax holiday certificate is illegal, arbitrary, high handed ness, without authority of law and jurisdiction and declare that the petitioner need not deposit the disputed taxes for maintaining the appeal since the disputed tax was already adjusted from the tax exemption limit available to the petitioner under final eligibility certificate issued by the Industries Department and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Sri Bhaskar Reddy Vemireddy Counsel for the Respondents: Sri A.V. Krishna Kaundinya, Special Standing Counsel for Commercial Taxes The Court made the following: ORAL ORDER: (Per Sri Anil R. Dave, CJ) The learned advocate for the petitioner seeks permission to withdraw the petition. Permission is granted. The petition stands disposed of as withdrawn with no order as to costs. ANIL R. DAVE, CJ R.SUBHASH REDDY, J 28th July, 2009 ks