IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 3888 of 2008 Between: M/s. Triveni Glass Ltd, 5-8-352, S.No. 502, Raghavaratna Towers, Nampally, Hyderabad. Rep by its Senior Executive (Accounts), Mr. B. Mukherjee. ..... PETITIONER AND 1 The Commercial Tax Officer, Sultan Bazar, Hyderabad. 2 The Appellate Dy. Commissioner (CT), Secunderabad Division 3 Additional Commissioner (CT), Legal, 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 an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent in dismissing the stay application filed by the petitioner through the impugned proceeding in CCTs.Ref.No.LIII(2)/932/2007 dated 22.1.2008 as illegal, arbitrary, highhanded and without authority of law and jurisdiction and set aside the same and restrain the 1st respondent from taking any coercive steps for recovery of the balance disputed tax of Rs.26,57,222/- out of the total disputed tax of Rs.30,36,825/- pending disposal of the appeal before the 2nd respondent. Counsel for the Petitioner: MR. BHASKAR REDDY VEMIREDDY Counsel for the Respondents: Spl. Standing counsel for Commercial Taxes. The Court made the following : THE HON’BLE Smt. JUSTICE T.MEENA KUMARI AND THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 3888 OF 2008 O R D E R: (Per THE HON’BLE Smt. JUSTICE T.MEENA KUMARI) Heard the learned counsel for the parties and with their consent, the writ petition is being disposed of at this stage. The controversy is that pending an appeal, application for stay of collection of disputed tax was dismissed by the Competent Authority. We have gone through the record. We feel that the interest of justice would have been met had the stay granted pending Appeal, subject to deposit of half of the liability. Therefore, we set aside the impugned order of the Authority and direct that there shall be stay of collection of disputed tax, pending appeal, subject to payment of half of the disputed tax liability on or before 31st March, 2008. The deposit of amount shall be without prejudice to the rights of the petitioner in appeal. If any amount has already been paid by the petitioner, the same shall be given credit. The writ petition is accordingly disposed of. No costs. ____________________ T.MEENA KUMARI, J. ____________ G.ROHINI, J. February 26, 2008 Note: C.C. in four days. //BO// MVB.