IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI AND THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 18334 of 2004 Between: M/s.Vishnu priya working Co., Repalle, Door No.10-14-83, Sistlavari Street, Repalle-522265, Guntur Dist. (A.P) A firm, rep.by its Managing partner, S.Pardha Saradhi, S/o.S.Gurundha Rao. ..... PETITIONER AND 1 The Commercial Tax officer, Morrispet, Tenali, Guntur Dist. A.P., 2 The Appellate Deputy Commissioner (C.T), Guntur, Guntur Dist. A.P. 3 The State of A.P rep.by its Secretary, Commercial Taxes Department, Secretariat Buildings,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 may be pleased to issue an appropriate writ, order or direction, more particularly in the nature of Mandamus, directing the First Respondent to revise his assessment order for 2002-2003 APGST (G.I.No.11835/ 02-03(APGST) Dt.29-3-2004) by adopting the correct turnover of Rs.8,07,101/- as the turnover relating to second purchases of paddy and give consequent relief to the petitioner, or in the alternative direct the Second Respondent to admit the Appeal filed by the petitioner by condoning the delay and dispose the same on merits. Counsel for the Petitioner: MR.D.RANGANATHA KUMAR Counsel for the Respondent Nos.1 to 3: GP FOR COMMERCIAL TAX The Court made the following ORDER: (per the Hon’ble Sri Justice Bilal Nazki. J) Learned counsel for the petitioner wants to withdraw the writ petition with liberty to the petitioner to file an application under Rule 50 of the A.P.G.S.T. Rules. Accordingly the writ petition is dismissed as withdrawn with liberty to the petitioner to file an application under Rule 50 of the A.P.G.S.T. Rules. The authority concerned may consider the application on merits and pass appropriate orders. No order as to costs. ---------------------------- (BILAL NAZKI. J) -------------------------------- (S. ANANDA REDDY. J) Date: 26.10.2004 Ksld To 1 The Commercial Tax officer, Morrispet, Tenali, Guntur Dist. A.P., 2 The Appellate Deputy Commissioner (C.T), Guntur, Guntur Dist. A.P. 3 The State of A.P rep.by its Secretary, Commercial Taxes Department, Secretariat Buildings, Hyderabad. 4. Two CCs to GP for Commercial Tax, High Court Buildings, Hyderabad, (OUT) 5. Two CD copies.