IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10048 of 2005 Between: M/s. Vijaya Metals, Dr.No. 76-14-226/4, Ground Floor, Grambay Road, Bhavinipuram, Vijayawada, rep. by its Proprietor C.M. Santhi, W/o. Malayalam, Aged about 33 Years, Krishna District. ..... PETITIONER AND 1 The Chief Controller of Stores, APSRTC, Musheerabad Circle, Hyderabad. 2 The Controller of Stores, APSRTC, Uppal Hyderabad. 3 The Assistant Commissioner of CT (LTU)(INT), Secunderabad division, O/o. the Deputy Commissioner (CT), Secunderabad Division, Behind Charmas Abids, 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 may be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents namely the Controllers of Stores, APSRTC, Uppal, seeking to levy and collection of tax @ 12.5% on the sale of secondhand vehicles being sold to the Petitioner in terms of Auction-Cum-Tender vide No.2413 dated 2-3-2005 as illegal, arbitrary and without authority of law and contrary to the judgment of this Hon'ble Court in 30 APSTJ Pg.217 violating Article 227 of the Constitution of India and grant such other relief or reliefs as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.V.J.K.KUMAR Counsel for the Respondents 1 and 2: MR.R.M.REDDY Counsel for Respondent No.3:G.P.for Commercial Taxes The Court made the following : O R D E R (Per the Hon’ble Sri Bilal Nazki, ACJ) Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition. Permission is granted. The writ petition is accordingly dismissed as withdrawn. No order as to costs. __________________ (Bilal Nazki, ACJ) 5th July, 2005 __________________ (G.Chandraiah,J) vrn To 1 The Chief Controller of Stores, APSRTC, Musheerabad Circle, Hyderabad. 2 The Controller of Stores, APSRTC, Uppal Hyderabad. 3 The Assistant Commissioner of CT (LTU)(INT), Secunderabad Division, O/o. the Deputy Commissioner (CT), Secunderabad Division, Behind Charmas Abids, Hyderabad. 4 Two C.Cs to the Government Pleader for Taxes, High Court Buildings, A.P., Hyderabad (OUT) 5 Two C.D copies.