IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO & THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.8443 of 2006 Between: SUMO FOODS PRIVATE LIMITED, 7-4-40, Gaganpahad Industrial Area Hyderabad - 501 323, Rep. by its Director Sri S. Ramakanth ..... PETITIONER AND 1 Commercial Tax Officer, Rajendranagar Circle, Hyderabad. 2 Additional Commissioenr (CT)(Legal), O/o. The Commissioner of Commercial Taxes, Andhra Pradesh, 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 to issue order or direction, more particularly in the nature of Writ of Mandamus, declaring the order of the Additional Commissioenr (CT) (Legal), Andhra Pradesh, Hyderabad, 2nd respondent herein, in CCT's Ref.No. LIII(3)/263/2006, dt. 24-3-2006, as illegal, void, inoperative and accordingly, set-aside the same, and (ii) interdict the respondents from collecting penalty pursuant to the order of Commercial Tax Officer, Rajendranagar Circle, dt. 23-1-2006 in Procs. No. SAR/02/3/2883/2004-05(Penalty) during the pending of the Appeal No. S. 163/2005-06 before the Appellate Deputy Commissioner (CT), Hyderabad Rural Division, Hyderabad, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances fo the case Counsel for the Petitioner: MR.S.CHAKRAPANI Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following: Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE B.PRAKASH RAO & THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.8443 of 2006 ORDER: (per Hon’ble Sri Justice B,Prakash Rao) Heard on either side. The case of the petitioner is that though the appeal was pending on the file of the 2nd respondent, since the 2nd respondent refused to grant stay of the impugned proceedings pending disposal of the appeal, he approached this Court raising several contentions, seeking to set aside the order of the 2nd respondent dated 24.03.2006, whereby the stay application filed by the petitioner was rejected. This Court, at the admission stage, granted interim stay on 25.04.2006 and the same is still in force. However, having regard to the fact that the appeal was pending before the 2nd respondent, without going into the merits of the case, We feel that it would suffice to meet the ends of justice to direct the 2nd respondent to dispose of the appeal pending before him, as expeditiously as possible, in accordance with law. It is needles to mention that the interim stay granted by this Court shall continue and remain in force till the disposal of the appeal. Subject to the above observations, the Writ Petition is disposed of. No order as to costs. ____________________ B.PRAKASH RAO,J ___________________ C.Y.SOMAYAJULU.J Dated: 18.03.2008 Dsr ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Commercial Tax Officer, Rajendranagar Circle, Hyderabad. 2 Additional Commissioenr (CT)(Legal), O/o. The Commissioner of Commercial Taxes, Andhra Pradesh, Hyderabad. 3.2CCs to 4.2CD copies