IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 28912 of 2008 Between: 1 Kum. D. Venkata Ramana, D/o. Venkateswarlu, At APSRTC, Bustand Complex, Bhadrachalam, Khammam District. 2 G. Bhadra Rao, S/o. Narayana, At APSRTC, Bustand Complex, Bhadrachalam, Khammam District. ..... PETITIONERS AND 1 The A.P.S.R.T.C., Rep. by its Vice Chairman Cum Managing Director, RTC Cross Roads, Hyderabad. 2 The Divisional Manager, APSRTC, Khammam, Khammam District. 3 The Depot Manager, A.P.S.R.T.C., Bhadrachalam Depot, Bhadrachalam, Khammam 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 will be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned demand notices No.01/653/(1)/2008-BCM, dt.04-12-08 issued by the 3rd respondent demanding the petitioners to pay service tax @ 12.36% on the monthly license fee, even though petitioners are not liable to pay the said tax, in spite of obtaining stay orders by the 1st respondent corporation in WPMP NO. 9933/2008 in WP NO. 7553/2008 dt.08-04-08, as illegal, violative of Articles 14, 19, 21 of Constitution of India and consequently set aside the aforesaid demand notices. Counsel for the Petitioner: MR. K. RATHANGA PANI REDDY Counsel for the Respondents: SMT.P.RAJANI REDDY, (STANDING COUNSEL FOR A.P.S.R.T.C.) The Court made the following : ORAL ORDER: (per Sri Anil R. Dave, CJ) Smt. P. Rajani, learned Standing Counsel appearing for the respondent – Andhra Pradesh State Road Transport Corporation, has submitted that the Circular dt.1.10.2008, in pursuance of which the impugned notices were issued to the petitioners, has been now withdrawn by virtue of Joint Accounts and OPD Circular No.11/2009, dt.02.04.2009. A copy of the Circular dt.02.04.2009 has been placed on record. In view of the above Circular dt.02.04.2009, whereby the Circular dt.1.10.2008 has been withdrawn, this petition has become infructuous. The petition stands disposed of with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 17-04-2009 bnr