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 : 25710 of 2008 Between: M/s. H.R. Constructions H.No. 1-5-12015/20A, Manjeera Nagar Colony, Loyola College Road, Old Alwal, Sec'bad, a Firm Rep. by its Managing Partner Smt. Y. Geetha ..... PETITIONER AND 1 The Appellate Deputy Commissioner (CT) Hyderabad Rural Divison, V Floor, C.T. Building M.J. Road, Nampally, Hyderabad. 2 The Assistant Commissioner (CT) Audit, Saroornagar Division, 2nd Floor, Manoranjan Complex, M.J. Road, Nampally, 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 to issue an appropriate writ order or direction more particularly in the nature of Mandamus holding that the impugned stay Rejection Order in Appeal No. 8/20/2008-2009-VAT dt. 20-11-2008 by the First Respondent is illegal and unsustainable and consequently grant stay of collection of the disputed tax of Rs. 12,11,328-00 for the Tax Period April,. 2006 to March 2007 under the A.P. Value Added Tax Act 2005 pending disposal of the Appeal before the First Respondent and pass Counsel for the Petitioner:MR.G.NARENDRA CHETTY Counsel for the Respondent No.: GP FOR COMMERCIAL TAX 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. 25710 of 2008 Oral Order: (Per: GR, J) The petitioner is aggrieved by the order of the 1st respondent declining to grant stay of collection of disputed tax of Rs. 12,11,328-00 for the period April, 2006 to March, 2007 under the provisions of Andhra Pradesh Value Added Tax Act, 2005 (Act No. 5 of 2005) as assessed by the 2nd respondent. The substantive appeal filed by the petitioner is pending before the 1st respondent. After hearing the learned counsel for the petitioner and the learned Government Pleader for Commercial Tax, the writ petition is disposed of directing stay of collection of the disputed tax amount of Rs.12,11,328-00 pending disposal of the appeal by the 1st respondent on condition that the petitioner deposits fifty per cent (50%) of the disputed tax amount to the credit of the 2nd respondent within a period of six (6) weeks from today after giving credit to the amount of disputed tax, if any, paid. In default of such deposit by the petitioner as directed above, the stay granted herein shall stand dissolved. No costs. ____________________ GODA RAGHURAM, J _________________________ P.V. SANJAY KUMAR, J Dated: 26-11-2008 Pvks Nb: Furnish c.c. tomorrow. B/o pvks