IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 16054 of 2004 Between: M/s. Kilburns Reprographics Private Limited, M.G. Road, Secunderabad, Rep. by its Branch Manager, Mr. B.P. Varma. ..... PETITIONER AND 1 The Commercial Tax Officer, General Bazar Circle, Secunderabad. 2 The Appellate Deputy Commissioner (CT), Secunderabad Division, Secunderabad. 3 The Additional Commissioner (CT) Legal, Andhra Pradesh, Nampally, 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 of Certiorari or any other appropirate Writ or order or direction quashing the order of the 3rd Respondent in CCT's Ref.No. LIII(1)/1676/2004 dated 25-8-2004 refusing to grant stay of collection of disputed tax of Rs.4,17,587 for the assessment year 2000-01 (APGST) as arbitrary and unjutified and consequently restrain the 1st Respondent from taking any coercive steps for recovery of disputed tax pending disposal of the appeal before the 2nd Respondent. Counsel for the Petitioner:MR.S.DWARAKANATH Counsel for the Respondent No.: GP FOR COMMERCIAL TAXES The Court at the admission stage, made the following : ORDER : (per Sri Bilal Nazki, J) Heard learned Counsel for the parties. With their consent the Writ Petition is disposed of at this stage. The controversy is that pending an appeal, application for stay was dismissed by the competent authority. We have gone through the record. We feel that the interest of justice would have been met if stay was granted pending appeal, subject to deposit of half of the liability. Therefore, we set aside the order of the authority and direct that half of the disputed tax liability shall be paid by the petitioner within a period of four weeks. For four weeks, there shall be an unconditional stay and the stay shall continue till disposal of the appeal, provided the amount is deposited within four weeks. The deposit of amount shall be without prejudice to the rights of the petitioner in the appeal. Writ Petition is disposed of accordingly. No costs. ________________ (BILAL NAZKI, J) 9th September, 2004. ____________________ (S.ANANDA REDDY, J) ajr To 1 The Commercial Tax Officer, General Bazar Circle, Secunderabad. 2 The Appellate Deputy Commissioner (CT), Secunderabad Division, Secunderabad. 3 The Additional Commissioner (CT) Legal, Andhra Pradesh, Nampally, Hyderabad. 4 Two C.Cs. to the G.P. for Commercial Taxes, High Court Buildings, Hyderabad (O.U.T). 5 Two C.D. copies.