IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 17396 of 2004 Between: M/s.S.Ravi Kumar, Works Contractor, 2/695, Eshwar Singh Road, Nagarajpet, Kadapa. ..... PETITIONER AND 1 The Additional Commissioner of Commercial Taxes, (Legal), Hyderabad. 2 The Deputy Commissioner of Commercial Taxes, Chittoor. 3 The Commercial Tax Officer-1, Kadapa. .....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 issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the order of the 1st respondent in CCT's Ref.No.LV(3)/2041/2004 dated 3-9-2004 as arbitrary, unreasonable and unjustified and restrain the 3rd respondent from taking any coercive steps for collecting the disputed demand of Rs.3,32,093/- for the assessment year 2001-2002 under the A.P.General Sales Tax Act pending disposal of the appeal filed by the petitioner before the Sales Tax Appellate Tribunal. Counsel for the Petitioner:MR.BHASKAR REDDY VEMIREDDY Counsel for the Respondents : GP FOR COMMERCIAL TAXES The Court at the admission stage, made the following : ORDER : (per Hon’ble Sri Bilal Nazki, J) Heard learned Counsel for the parties. With their consent the Writ Petition is disposed of at this stage. Pending appeal, the petitioner filed an application seeking stay of the recovery, which has been declined. It is submitted that out of the disputed tax liability, the petitioner has already deposited some amounts. Therefore in the interest of justice, we direct that there shall be stay of recovery till disposal of appeal, subject to deposit of half of the total liability minus the amounts if any, already deposited by the petitioner, within a period of eight weeks from today. For eight weeks, there shall be an unconditional stay and the stay shall continue till disposal of the appeal, provided the amount is deposited within eight weeks. The deposit of amount shall be without prejudice to the rights of the petitioner in the appeal. Writ Petition is accordingly disposed of. No costs. ________________ (BILAL NAZKI, J) 28th September, 2004. ____________________ (S.ANANDA REDDY, J) N.B:- Wire at party’s cost. (B/o) ajr To 1 The Additional Commissioner of Commercial Taxes, (Legal), Hyderabad. 2 The Deputy Commissioner of Commercial Taxes, Chittoor. 3 The Commercial Tax Officer-1, Kadapa. 4 Two C.Cs. to the G.P. for Commercial Taxes, High Court Buildings, Hyderabad (O.U.T). 5 Two C.D. copies.