IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6772 of 2009 Between: M/s. Divya Sai Associates, Door No. 58-2-34, Patamata, Vijayawada, Krishna District, Represented by its Proprietor, Mr. K.V.K. Narasimha Rao. ...Petitioner And 1. The Commercial Tax Officer, Autonagar, Vijayawada, Krishna District. 2. The Commercial Tax Officer, Suryaraopet Circle, Vijayawada, Krishna District. 3. The Appellate Deputy Commissioner (CT), Vijayawada Division, Vijayawada. ...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 issue a Writ of Mandamus: (a) declaring the action of 2nd respondent in passing the impugned order in Form 305 dated 27-1-2009 as illegal, arbitrary, high handed, without authority of law and jurisdiction and set aside the same and declare that the petitioner is entitled for adjustment of refund arising under the APGST Act for the assessment year 2003-04 in pursuance of the orders of the 3rd respondent dated 24-7-2006 and the consequential orders passed by the 1st respondent dated 4-11-2006 against VAT dues payable by the petitioner; and (b) direct the 1st respondent to refund the amount of Rs.53,590/- determined as refundable for the assessment year 2003-04 under the APGST Act as per consequential order dated 4-11-2006 together with interest under Section 33-F of the Act at 12%. Counsel for the petitioner : Sri S. Dwarakanath Counsel for the respondents : Sri K. Raji Reddy, Special Standing Counsel for Commercial Taxes The Court made the following : ORDER: (Per Sri Anil R. Dave, C.J.) The learned Advocate appearing for the petitioner has submitted that the grievance ventilated in the petition has already been redressed. Therefore, he seeks permission to withdraw the petition. Permission is granted. The petition stands disposed of as withdrawn with no order as to costs. ANIL R. DAVE, C.J. 15th April, 2009 RAMESH RANGANATHAN, J. To 1. The Commercial Tax Officer, Autonagar, Vijayawada, Krishna District. 2. The Commercial Tax Officer, Suryaraopet Circle, Vijayawada, Krishna District. 3. The Appellate Deputy Commissioner (CT), Vijayawada Division, Vijayawada. 4. Two copies to the Special Standing Counsel for Commercial Taxes, High Court Buildings, Hyderabad (OUT). 5. Two CD copies. ARS