IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 10020 of 2009 Between: ..... PETITIONER AND .....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 Counsel for the Petitioner:MR.B.SRINIVAS Counsel for the Respondent No.: SPL GP FOR TAXES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No : 10020 of 2009 O R D E R: (per Hon’ble Sri Justice V.Eswaraiah) Heard both the counsel and at their request, the writ petition itself is taken up for disposal at the admission stage. The case of the petitioner is that as against the revised order passed by the first respondent dated 04-12-2008, revising the order dated 24-05-2004, passed by the second respondent, the petitioner preferred an appeal before the Sales Tax Appellate Tribunal and as the Tribunal has no power to grant stay, petitioner has filed stay application before the third respondent seeking stay of collection of the disputed tax of Rs.62,05,159/- for the year 2002-2003, under APGST Act, pending the appeal. The third respondent by order dated 24-12-2009 rejected the application of stay. Hence, this writ petition. As the appeal is pending before the Sales Tax Appellate Tribunal, without going into the merits of the case, the writ petition is disposed of directing the respondents not to recover the disputed tax subject to the condition that the petitioner deposits half of the disputed tax within four weeks from today. It is made clear that the amount already paid by the petitioner shall be given credit to. Accordingly, the writ petition is disposed of. No order as to costs. __________________ V.ESWARAIAH,J Date: 13-05-2009 ___________________________ VILAS V. AFZULPURKAR,J KLP