IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12393 of 2008 Between: M/s. Sri Radhakrishna Transport, D.No. 69-30-2,Gandhipuram-4 Lalacheruvu, Rajahmundry-533 106, East Godavari District, Rep. by its Managing Partner M. Vijay Kumar, S/o. M. Radhakrishna Murthy, Aged: 33 years. ..... PETITIONER AND 1 The Appellate Deputy Commissioner ( CT ), Visakhapatnam. 2 The Assistant Commissioner of Commercial Taxes ( L.T.U & Int.), Kakinada 3 The Deputy Commercial Tax Officer, Aryapuram Circle, Rajahmundry,E.G.District. .....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 an appropriate Writ or Order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in passing the impugned order dated 25.04.2008 dismissing the appeal for the year 2004-05 ( Crude Oil ) filed by the petitioner without granting opportunity of Hearing , as arbitrary and illegal, and consequently, to set aside the said order in the interest of justice. Counsel for the Petitioner: SRI P.GIRISH KUMAR Counsel for the Respondents.: SPECIAL STANDING COUNSEL FOR COMMERCIAL TAX The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12393 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking to declare the action of the 1st respondent in passing the order, dated 25.04.2008, dismissing the appeal filed by the petitioner for the year 2004-05 (Crude Oil), without granting opportunity of hearing, as arbitrary and illegal and consequently, to set aside the same. When this matter is taken up, the learned Counsel for the petitioner submitted that the petitioner has filed a second appeal before the Sales Tax Appellate Tribunal. In view of the above submission, We feel that no further orders are necessary in this writ petition and hence, this writ petition has become infructuous. Accordingly, this writ petition is dismissed as infructuous. ________________________ Justice T. Meena Kumari ___________________________ Justice Ramesh Ranganathan Date: 7th July, 2008 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No:12393 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 07/07/2008