IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 25888 of 2008 Between: M/s. The Kurnool District Co-op. Milk, Producers Union Ltd. Nandyal, Kurnool District rep by its Managing Director P. Bushanna ..... PETITIONER AND 1 The Addl. Commissioner (CT) Legal, (FAC) Nampally, Hyderabad. 2 The Commercial Tax Officer-II, Nandyal, Kurnool District. .....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 to issue a Writ of Mandamus or any other appropriate writ or order or direction declaring the order of the 1st Respondent in CCT's Ref.No. LIII (3)/701/2008, dated 31-10-2008 refusing to grant saty of law and consequently restrain the 2nd respondent from taking any coercive steps for recovery of disputed tax due for the assessment year 2002-2003 under the CST Act and pass Counsel for the Petitioner:MR.G.NARENDRA CHETTY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM And THE HON’BLE SRI JUSTICE P.V. SANJAY KUMAR W.P.No. 25888 of 2008 Oral Order: (Per: GR, J) The petitioner is aggrieved that the 1st respondent has declined to grant stay of collection of the tax of Rs. 6,14,583-00 assessed by the Deputy Commissioner (CT), Kurnool in suo moto revision for the year 2002-2003 under the provisions of the Central Sales Tax Act, 1956. Aggrieved thereby the petitioner has preferred an appeal and also applied for grant of stay of collection of the disputed tax. Having heard the learned counsel for the petitioner and the learned standing counsel for the respondents, this Court considers it appropriate that the petitioner should have been granted stay of collection of the disputed component of tax pending the appeal before the Sales Tax Appellate Tribunal, on terms. On the analysis, the writ petition is disposed of at the stage of admission directing stay of collection of the amount of Rs.6,14,583-00 as assessed by the Deputy Commissioner (CT), Kurnool on the condition that the petitioner deposits 50% (fifty per cent) of the disputed tax amount to the credit of the 2nd respondent, after taking credit for payments, if any, already paid, within a period of six (6) weeks from today. In default of such deposit to the credit of the 2nd respondent, the stay granted herein shall stand dissolved. No costs. ____________________ GODA RAGHURAM, J _________________________ P.V. SANJAY KUMAR, J Dated: 26-11-2008 Pvks