IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEETH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 2 4 6 7 4 of 2009 Between: M/s. Sri Shivani Enterprises, Plot No.144/A, Venkataramana Colony, Gokul Plots, KPHB Colony, Hyderabad-500 072 Represented by its Proprietor, Sri J. Kotaiah Chowdary ..... PETITIONER V/s. The Commercial Tax Officer, Vengal Rao Nager Circle, Hyderabad & 2-Ors. .....RESPONDENTS Counsel for the Petitioner : Sri K. Srinivasa Rao Counsel for the Respondents: Govt.Pleader for Commercial Tax Sri A.V.Krishna Koundinya Spl.Standing Counsel for Commercial Tax The Division Bench made the following : (Order follows 2nd page) THE HON'BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 2 4 6 7 4 of 2009 ORAL ORDER: {Per the Hon’ble Smt.Justice T.Meenakumari} The writ petition has been filed questioning the proceedings dated 18-2-2009 passed by the third respondent in CCT’s Ref.No. LIII (2)/379/2009 as illegal, contrary to law and consequently to restrain the first respondent from taking any coercive steps for recovery of disputed tax of Rs.1,15,760/- for the years 2005-06 and 2006-07 under AP VAT Act pending disposal of the appeal before the second respondent and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case. 2. On 16-11-2009 this court issued notice before admission and granted interim stay of collection of the disputed tax of Rs.1,15,760/- for the years 2005-06 and 2006-07 under the AP VAT Act, 2005 in respect of the petitioner, as assessed by the first respondent, for a period of two weeks, in view of the statement made by the learned counsel for the petitioner that the second respondent- appellate authority is taking up the hearing of the appeal tomorrow i.e., 17-11-2009, preferred by the petitioner against the order of assessment passed by the first respondent dated 28-03-2009. 3. On 14-12-2009, the interim stay granted on 16-11-2009 is extended by a further period of three weeks. Sri A.V. Krishna Koundinya, the learned Special Standing Counsel for Commercial Today asserts time to obtain instructions whether the appeal is disposed of and the copy of the order is communicated to the appellant and directed to list the matter after two weeks. 4. On 25-1-2010, the interim stay initially granted on 06-11-2009 and extended for a further period of three weeks by the order dated 14-12-2009, is extended by a further period of three weeks and directed to list the matter on 01-02-2010 for obtaining instructions by the learned Government Pleader. 5. When the matter came up today, the learned counsel representing the petitioner submits that the appeal filed by the petitioner has been disposed of and copy of the order had been communicated, therefore, no further order is necessary in this matter. 6. Recording the chronological proceedings and also the submissions made by the learned counsel for the petitioner, no further order is necessary and accordingly the writ petition is dismissed. No costs. _____________________ Justice T.Meena Kumari ___________________________________ Justice Nooty Ramamohana Rao March 19, 2010. I s L THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE NOORTY RAMAMOHANA RAO WRIT PETITION No. 2 4 6 7 4 OF 2009 Judgment of the Division Bench delivered by the Hon'ble Smt. Justice T. Meenakumari) Circulation Entry No. 6 0 Date: 19-03-2010 COMPUTER No. 43 Court Master: I s L