IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12291 of 2008 Between: KMC Constructions Limited,No.555,Arora colony, Road No.3 Banjara Hills, Hyderabad, Represented by ts PRO, Sri I.Srinivasa RAo ..... PETITIONER AND 1. The Commercial Tax Officer, Somajiguda Circle Panjagutta, Hyderabad 2. State of Andhra Pradesh, Rep.by the Principal Secretary Revenue Department, Secretariat, Hyderabad. 3. The Secretary, Road Transport Authority, Transport Department, Ibrahimpatnam, Ranga Reddy 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 a writ order or direction more particularly one in the nature of writ of mandamus declaring that section 3 of the Andhra Pradesh Tax on Entry of Motor Vehicles into Local Areas Act 1996 as unconstitutional and beyond legislative competence of the state and ultra vies Article 246(1) of the Constitution of India in so far as purporting to impose a levy on Motor Vehicles imported from outside the State being violative of Serial No.41,82,and 92-A of the List I to the Seventh Schedule to the construction of India besides violative of Articles 301 and 034 (a) not being saved by Article 304(b) and liable to be declared void and unenforceable and direct the third respondent herein to register the 6 Nos. of Compactors 5 Nos. SCH Wing Setter (Transit Concrete Miller) and 2 no of JCH -3 DX BCK from outside the State amounting to Rs.83,13,336/- without insisting on the payment of the Entry Tax of Rs.10,29,167/- and to pass such other suitable orders as this court deems fit and proper in the circumstances of this court. Counsel for the Petitioner: MR.N.VIJENDER REDDY Counsel for the Respondents: GP FOR COMMERCIAL TAX The Division Bench of this Court made the following order : THE HON'BLE MRS JUSTICE T.MEENA KUMARI A N D THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO. 12291 of 2008 O R D E R : (The Hon’ble Mrs. Justice T. Meena Kumari ) The writ petition is ﬁled seeking writ of mandamus to declare section 3 of the Andhra Pradesh Tax on Entry of Motor Vehicles into Local Areas Act 1996 as unconstitutional and beyond legislative competence of the state and ultra vies Article 246(1) of the Constitution of India in so far as purporting to impose a levy on Motor Vehicles imported from outside the State being violative of Serial No.41,82,and 92-A of the List I to the Seventh Schedule to the construction of India besides violative of Articles 301 and 034 (a) not being saved by Article 304 (b) and liable to be declared void and unenforceable and direct the third respondent herein to register the 6 Nos. of Compactors 5 Nos. SCH Wing Setter (Transit Concrete Miller) and 2 no of JCH -3 DX BCK from outside the State amounting to Rs.83,13,336/- without insisting on the payment of the Entry Tax of Rs.10,29,167/- and to pass such other suitable orders as this court deems ﬁt and proper in the circumstances of this court. 2. Sri N. Vijender Reddy, the learned counsel for the petitioner ﬁled a letter before the Registry of this Court on 16-9-2008 along with the letter issued by the petitioner requesting him to withdraw the above writ petition. In the letter, the learned counsel also requested the Registry to direct the oﬃce to post the above writ petition under the caption “for withdrawal”. 3. When the matter came up today, the learned counsel representing the petitioner seeks permission of this court to withdraw the above writ petition. 4. Recording the above submission, the writ petition is dismissed as withdrawn. ________________________ JUSTICE T. MENA KUMARI. _____________________________ JUSTICE RAMESH RANGANATHAN. 18-09-2008. I s L. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}