IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 21171 of 2009 Between: K. Venkatesham, S/o. Ramanaiah, Advocate, R/o. H.No. 19-8-209, Lakshminagar, Godavari Khani, Karimnagar District. ..... Petitioner AND 1. The Govt. of A.P. Rep by its Commissioner, Commercial Tax Dept., Mojamjahi Market, Hyderabad. 2. The Deputy Commercial Tax Officer, Commercial Tax Office, Peddapalli, Karimnagar District. 3. M/s. City Cable, Godavari Khani, Rep by Sri Balaswamy Goud, R/o. Godavari Khani, Karimnagar 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the in action on the part of 2nd respondent in not taking any action against the 3rd respondent for recovery of entertainment tax of Rs. 73,00,000/- is illegal, arbitrary and unconstitutional and consequently direct the 1st and 2nd respondents to take action against 3rd respondent for recovery of entertainment tax of Rs. 73,00,000/- The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 1-12-2009 made herein and upon hearing the arguments of SRI VENKATESHWAR VARANASI, Advocate for the Petitioner and of Sri A. Tulsi Raj Gokul Advocate for the respondent No. 3, the Court made the following: ORDER: Nobody is present for the respondent State. Even on earlier occasion, i.e. on 1-02-2010, nobody had represented the State. A counter affidavit has been filed by respondent No. 2. It appears that a sum of Rs. 61,14,400/- was payable in March, 2009 by respondent No. 3. Respondent Nos. 1 and 2 shall state as to what action has been taken for recovery of the aforesaid amount after notice dated 12-10-2009 was issued to respondent No. 3 under the provisions of the Revenue Recovery Act. Hearing is adjourned to 2-03-2010. Before that day, a counter affidavit shall be filed by respondent No.2 giving details as to how much amount has been recovered after 22-10-2009, the day on which the earlier counter affidavit was filed. If no counter affidavit is filed before 2-03-2010, as directed above, respondent No.2 shall remain personally present in this Court on 2-03-2010. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Commissioner, Commercial Tax Dept., Mojamjahi Market, Hyderabad. (BY SPL. MESSENGER 2. The Deputy Commercial Tax Officer, Commercial Tax Office, Peddapalli, Karimnagar District. (BY SPEED POST/RPAD) 3. Sri Balaswamy Goud, M/s. City Cable, Godavari Khani, R/o. Godavari Khani, Karimnagar District. 4. One C.C.to Sri Venkateshwar Varanasi Advocate. (OPUC) 5. One C.C.to Sri Krishna Koundinya Advocate. (OPUC) 6. One C.C.to Sri A. Tulsi Raj Gokul Advocate. (OPUC) 7. 2 spare copies. HIGH COURT HCJ & CVNR.J DATED 8-02-2010 ADJOURNED TO 2-03-2010 ORDER W.P.NO. 21171 OF 2009 DIRECTION Bsr Dt. 9-2-2010 HIGH COURT HCJ & CVNR.J DATED 8-02-2010 ADJOURNED TO 2-03-2010 ORDER W.P.NO. 21171 OF 2009 DIRECTION