THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.10082 of 2009 ORDER (Per VE,J): Heard both the learned counsel and at their request, the writ petition itself is taken up for disposal at the admission stage. As against the order of the first respondent dated 21.11.2008 in confirming the turnover tax of Rs.8,45,837/- for the assessment year 2004-05, the petitioner filed an appeal before the second respondent. Pending disposal of the appeal, the petitioner filed an application for grant of stay and the second respondent dismissed the stay application vide order dated 29.12.2008. As against the order of the appellate authority in refusing to grant stay for collection of the disputed tax, the petitioner filed a revision before the third respondent and the third respondent by the impugned order dated 17.02.2009 rejected the revision. Aggrieved by the same, the petitioner filed this writ petition. Having heard the learned counsel and the learned G.P and keeping in view the facts and circumstances of the case, we are of the view that the interests of justice would be met if a conditional order is passed setting aside the impugned order. Accordingly, we set aside the impugned order and grant stay of recovery of the disputed subject to the condition of the petitioner depositing half of the disputed tax within a period of four (4) Weeks from today and the amount of tax paid, if any shall be given credit to it, without prejudice to the rights of the petitioner. The appellate authority shall dispose of the appeal expeditiously. The Writ Petition is, accordingly, disposed of. No order as to costs. V.ESWARAIAH, J VILAS V. AFZULPURKAR, J Date: 13.05.2009 Note: Furnish CC by tomorrow B/o. va/gurc/nn