IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 7277 of 2007 Between: M/s.Praga Tools Ltd., 6-9-8/32, Kavadiguda, Secunderabad represented byits Managing Director Shri Jatindranath Patra ..... PETITIONER AND 1 The Deputy Commissioner of Income-Tax, Circle-16(3), Hyderabad. 2 The Commissioner of Income-tax (Appeals)V, Hyderabad. 3 The Commissioner of Income-Tax0IV, Hyderabad. .....RESPONDENT(S) 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 to issue a writ in the nature of mandamus or anyother writ, order or direction directing the respondent Nos.1 and 3 herein not to recover any taxes from the petitioner in respect of the assessment dt.22/12/2006 for the asst.year 2004-05 bearing PA No.AABCD 2301 E/P- 192 till the disposal of first appeal pending disposal before the respondent No.2 and consequently to declare that the order bearing No.HQRS./4/Stay-35/06-07 dt.14/3/2007 as arbitrary, illegal and unjust and pass such further or other order or orders as the Hon'ble Court deem fit andproper in the facts and circumstances of the case. Counsel for the Petitioner:MR.Y.RATNAKAR Counsel for the Respondent No.: MR.S.R.ASHOK The Court made the following : ORDER: (Per The Hon’ble Sri Justice B.Prakash Rao) This Writ Petition has been filed seeking to issue a writ of mandamus directing the respondents 1 and 3 not to recover any taxes from the petitioner in respect of the assessment dated 22-12-2006 for the assessment year 2004-05 bearing PA.No.AABCD 2301 E/P-192 till disposal of first appeal pending before respondent No.2, and consequently, to declare the order bearing No.Hqrs./4/Stay- 35/06-07, dated 14-03-2007, as arbitrary and illegal. The learned Standing Counsel appearing for the respondents submits that the first appeal itself has been disposed of and the present Writ Petition, which has been filed against the interim order bearing No.Hqrs./4/Stay-35/06- 07, dated 14-03-2007, has become infructuous. Recording the aforesaid submission, the Writ Petition is dismissed. No costs. -------------------------- (B.Prakash Rao, J) 10th March, 2008 -------------------------- (C.Y.Somayajulu, J) LUR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Commissioner of Income-Tax, Circle-16(3), Hyderabad. 2 The Commissioner of Income-tax (Appeals)V, Hyderabad. 3 The Commissioner of Income-Tax0IV, Hyderabad. 4 2CCs to 5 2CD copies Form-NIC-OGS/WP{RS}