IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 14713 of 2008 Between: M/s. Usha Construction Co., 10-3-311/6 (829); Road No. 2, Castle Hills, Hyderabad, Rep. by its Managing Partner Sri Y.K.D. Mallikarjuna Rao ..... PETITIONER AND 1 Additional Commissioner (CT) (Legal) CCT's Office, II Floor, Nampally, Hyderabad. 2 Appellate Deputy Commissioner (CT) Secunderabad Division, CCT Complex, Nampally, Hyderabad. 3 The Commercial Tax Officer, Agapura Circle, Abids Division, 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 issue a writ or direction more particularly one in the nature of writ of Mandamus declaring the impugned Order dt. 27-6-2008 passed by the 2nd Respondent in Appeal No. A/56/08-09 (Ex.P1) as illegal, arbitrary unjust and contrary to the Facts and Law and to pass such other order or further orders Counsel for the Petitioner: MR.S.R.R.VISWANATH Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following : THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN W.P.NO. 14713 OF 2008 ORDER: (Per Smt. T. Meena Kumari, J) Heard learned counsel for the parties. The writ petition is filed challenging the order dated 27.6.2008 passed by the 2nd respondent whereby the stay application was rejected. The petitioner was assessed to tax for the year 2004- 05 under the Andhra Pradesh General Sales Act and an appeal was filed by the petitioner against the assessment order. Along with the appeal, he also filed a stay application which was rejected by the impugned order. In the meantime coercive steps are being taken to collect the disputed tax. We are of the opinion that ends of justice would have been met if stay was granted pending disposal of the appeal. Accordingly we stay the collection of disputed tax subject to deposit of half of the disputed tax amount by the petitioner within a period of eight weeks from today and the respondents are directed not to take coercive steps for recovery of the disputed tax, pending appeal before the appellate authority. If any amount paid earlier shall be given credit to. The writ petition is accordingly disposed of. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.10.7.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Additional Commissioner (CT) (Legal) CCT's Office, II Floor, Nampally, Hyderabad. 2 Appellate Deputy Commissioner (CT) Secunderabad Division, CCT Complex, Nampally, Hyderabad. 3 The Commercial Tax Officer, Agapura Circle, Abids Division, Hyderabad. 4. 2 CCs to GP for Commercial Tax 5. 2 CD copies Form-NIC-OGS/WP{VSMI}