THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.10535 of 2009 ORDER: (Per BPR, J) Heard the learned counsel for the petitioner and the learned Government Pleader for Commercial Taxes. With the consent of the learned counsel for the parties, the writ petition itself is taken up for hearing and disposal. The petitioner filed this writ petition seeking a writ of mandamus to declare the action of the 1st respondent in demanding the tax of Rs.1,75,113/- for the assessment year 2002-03 as illegal and arbitrary and to interdict the 1st respondent from collecting the same till the disposal of the appeal before the Sales Tax Appellate Tribunal, Hyderabad. It is stated that questioning the assessment order, the petitioner has filed appeal along with stay application before the Tribunal. Having regard to the above, we feel that interest of justice would be met if stay is granted pending appeal, subject to the petitioner depositing half of the disputed tax, pending disposal of the appeal. The writ petition is accordingly, disposed of granting stay subject to the condition of the petitioner depositing half of the demanded amount, pending disposal of the appeal before the Tribunal, within a period of six weeks from today. It is needless to mention that the amount, if any, deposited shall be given credit to. Further, the Tribunal is directed to dispose of the appeal in accordance with law after hearing both the parties. No costs. ____________________ B.PRAKASH RAO, J 28th MAY, 2009. ____________________ SANJAY KUMAR, J kvni/kh