IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.8320 of 2008 Between: M/s.Sri Raja Rajeshwari Modern Rice Mill, Gangapur village, Rebbana Mandal, Adilabad District rep.by its Proprietrix Smt.P.Sumathi ..... PETITIONER AND 1 The Commercial Tax Officer,Mancherial 2 The Appellate Deputy Commissioner (CT), Warangal 3 The Additional Commissioner (CT) Legal, 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 may be pleased to issue a writ or direction particularly one in the nature of writ of Mandamus granting stay of collection of the disputed tax of Rs.1,92,856/- for the assessment period from 1.12.2006 to 17.5.2007 under the APVAT Act arising in pursuance of the stay rejection order of the third respondent dated 12.2.2008 passed in CCTs.Ref.No. LIII(1)/76/2008 pending disposal of the appeal before the second respondent. Counsel for the Petitioner: MR.S.KRISHNA MURTHY Counsel for the Respondents: K. RAJI REDDY SPL.S.C. FOR COMMERCIAL TAX The Court made the following: THE HONOURABLE SRI JUSTICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE C.Y. SOMAYAJULU WRIT PETITION No.8320 OF 2008 ORDER: (Per Hon’ble Sri Justice B. Prakash Rao) Heard both sides and, at their request, the writ petition is taken up for disposal at the stage of admission. The grievance of the petitioner herein is that pending appeal, the application filed by it seeking stay of collection of disputed tax was dismissed by the 3rd respondent. Having heard the learned counsel on either side and on perusal of the material on record, since the appeal preferred by the petitioner is pending with the competent authority involving several substantial questions, it is suffice in the interest of justice to grant stay subject to certain conditions. Accordingly, the writ petition is disposed of granting stay of collection of disputed tax pending disposal of the appeal, on condition of the petitioner depositing half of the disputed tax within a period of six weeks from today. The amounts, if any, paid already shall be given credit to. The appeal shall be disposed of on merits after giving notice and opportunity to both the parties. ______________________ JUSTICE B.PRAKASH RAO _____________________ JUSTICE C.Y. SOMAYAJULU 17th April, 2008. IBL To 1 The Commercial Tax Officer,Mancherial 2 The Appellate Deputy Commissioner (CT), Warangal 3 The Additional Commissioner (CT) Legal, Hyderabad 4 Two CD Copies