IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 13100 of 2008 Between: M/s. Northern Power Distribution Company of A.P., Limited, H. No. 1-1-504, Opp: REC Petrol Pump, Chaitanyapuri, hanumakonda, Warangal, Rep by its Chief General manager (Expr.) Sri. M. Venkatanarayana. ..... PETITIONER AND 1 Commercial Tax Officer, Janagaon. 2 Appellate deputy Commissioner (CT), Warangal. 3 State of Andhra Pradesh rep by the Principal Secretary, Revenue Department, Secretariat, Hyderabad. .....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 or order or direction particularly one in the nature of Writ of Certiorari after calling for the records and quash the impugned appeal order passed by the Second respondent in Appeal No. B/85/2005-06 for the assessment year 2003-04 read with the assessment order passed by the first respondent dated 17-01-2005 passed in Assessment No.1/2003-04 in seeking to levy entry tax on the inter-state Purchases of transformers to entry tax under the A.P. tax on entry of Goods into Local Areas Act, 2001, or to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.S.KRISHNA MURTHY Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) When this Writ Petition is taken up for hearing, it is represented by the counsel on either side that the issue involved in this writ petition is covered by a reported judgment of this Court in Sree Rayalaseema Alkalies & Allied Chemicals Limited, Hyderabad and Others Vs. State of Andhra Pradesh and another ([1]). Following the above judgment, this Writ Petition is disposed of in terms thereof. No order as to costs. It is, however, made clear that the petitioner is at liberty to take steps for refund of the entry tax only after disposal of the Special Leave Petition, by the Apex Court. ____________________ T.MEENA KUMARI, J. __________________________ RAMESH RANGANATHAN, J. June 24, 2008 MAS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} [1] 46 APSTJ 1