IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 19113 of 2006 Between: Electro Magnetic Devices, B-1, E.C.Complex, ECIL X roads, Hyderabad-500 062 rep., by its Managing Partner Sri K.S.Hebbar. ..... PETITIONER AND 1 The Additional Commissioner (CT)(Legal), A.P., Hyderabad. 2 The deputy Commissioner (CT), Begumpet Division, Hyderabad. 3 The Commercial Tax Officer, S.D.Road Circle, Secunderabad. .....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 appropriate writ, order or direction more particularly in the nature of writ of mandamus declaring the order passed by Additional Commissioner (CT)(Legal) in CCT's Ref.No.LIII(2)/559/2006 dated 9-8-2006 as illegal, inoperative and accordingly set aside the same and ii) direct the respondent authority not to enforce the demand for the Assessment Year 1999-2000 in pursuance of the order of Deputy Commissioner (CT), Begumpet Division in RC No.E3/R/15/2005 dated 30-4-2005. Counsel for the Petitioner: MR.S.CHAKRAPANI Counsel for the Respondents.: GP FOR COMMERCIAL TAX The Court made the following : HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:19113 OF 2006 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed by the petitioner seeking to declare the order passed by the 1st respondent, dated 9.8.2006 as illegal and to set aside the same and direct the respondent-authority not to enforce the demand for the assessment year 1999-2000 in pursuance of the order of the 2nd respondent, dated 30.4.2005. When this matter is taken up for hearing, it is brought to the notice of this Court, that an appeal is pending before the Sales Tax Appellate Tribunal. In this view of the matter, without expressing any opinion on the merits of the case, We feel it just and proper to direct the tribunal to dispose of the appeal. It is also made clear that till such disposal, the interim stay granted by this Court shall stand operative. Subject to the above direction, this W.P is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _________________ Justice G. Rohini Date: 25th February, 2008 Nn/Gurc. HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:19113 OF 2006 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 25/02/2008