IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 14427 of 1997 Between: M/s. Rahamath & Co., Rep By Its Partner- Abdul Majid, Contonment, Vizianagaram. ..... PETITIONER AND The Commercial Tax Officer, West Ward, Vizianagaram. .....RESPONDENT 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 a Writ of Mandamus, declaring the action of the Respondents authority in not issuing the way bills to the petitioner and demanding 4% of CST contrary to the G.O.M.S.No:890 Revenue dated 31/07/1976, as arbitrary, illegal, null and void and is without jurisdiction. Counsel for the Petitioner: MR.VENKATESWARA RAO GUDAPATI Counsel for the Respondent: SPL GP FOR TAXES The Court made the following : ORDER: (per Sri BRSR.J) This Court while directing ‘rule nisi’ passed the interim order directing the respondents to charge CST at the rate prescribed in G.O.Ms.No.890, Revenue Dated 31.7.1976 pending further orders. The interim order so granted by this Court has worked out for itself. The cause in this writ petition does not survive requiring any further adjudication. This order shall not preclude the petitioner to avail the remedies that may be available to it in law challenging the orders of assessment, if any, passed by the competent authority if the same is not already challenged. (B.SUDERSHAN REDDY,J) Dated 07..06..2005 (RAMESH RANGANATHAN,J) msv To 1. The Commercial Tax Officer, West Ward, Vizianagaram. 2. 2 CCs to the Special Government Pleader for Taxes, High Court of A.P. Hyderabad (OUT) 3. 2 CD copies.