IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 23158 of 2008 Between: M/s,. Jayanth Welding & Engineering Works (Now known as Santhi Boilers & Pressure Vessels (P) Ltd.) 5-5-18, Ranigunj, Secunderabad, Rep. by its Manager,. Mr. Amit B. ..... PETITIONER AND 1 The Appellate Deputy Commissioner (CT) Punjagutta Division, Office of the Commissioner of Commercial Taxes, M.J. Road, Hyderabad. 2 The Commercial Tax Officer, Ranigunj Circle, 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 will be pleased to issue a writ of Mandamus or any other appropriate writ or order or direction declaring the action of the 1st Respondent in dismissing the appeal exparte vide proceedings dt. 29-9-2008 served on the petitioner on 18-10-2008 for the assessment year 1998- 99 as arbitrary contrary to the provisions of the APGST Act and also in violation of principles of natural justice and rule of law and consequently set aside the notice of the 2nd respondent dt. 18-10-2008 granting 3 days time for payment of alleged balance demand without assigning any good and sufficient reasons as contemplated under Section 16 of the Act as null and void. Counsel for the Petitioner: MR.SHAIK JEELANI BASHA Counsel for the Respondents: GP FOR COMMERCIAL TAX The court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.23158 of 2008 ORDER: (per Hon’ble Sri Justice Goda Raghuram) The learned counsel for the petitioner states that the petitioner does not wish to pursue the writ petition. Recording the said submission, the writ petition is dismissed as withdrawn. No costs. _____________________ GODA RAGHURAM, J ______________________ SANJAY KUMAR, J 22.12.2008 VGB