IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6895 of 2008 Between: M/s Raj Mineral Works, rep by its Managing Partner, Sri Anand Raj Singh, S/o.Late A.N.Singh, R/o.H.No.8-4-316, Sanathnagar,Hyderabad. ..... PETITIONER AND The Commercial Tax Officer, Vengalraonagar Circle. Hyderabad. .....RESPONDENT 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 to issue a Writ Order, or direction more particularly one in the nature of Writ of Mandamus declaring the attachement notice dated 13.03.2008 passed in Rc.No.OA/1/108 attaching the Bank Account for collection of the disputed taxes issued by the Respondent as illegal arbitraryk and contraryjk to the Provisions of APGST Act 1957 and set aside the same, Consequently direct the Respondent not to collect the disputed taxes pending disposal of the appeal before the Sales Tax Appellate Tribunal an pass Counsel for the Petitioner:MR.KUNUKUDURGAPRASAD Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : ORDER: (Per The Hon’ble Sri Justice B.Prakash Rao) Heard the learned Counsel for the petitioner and the learned Government Pleader for Commercial Taxes, and at their request, the main Writ Petition itself is taken up for disposal. The petitioner herein is aggrieved against the order rejecting stay and issuing attachment notice pending substantive appeals on the file of the Sales Tax Appellate Tribunal. Having heard the learned Counsel and on perusal of the material on record, since substantive appeals are pending involving several substantial questions and since it is stated in the affidavit that the petitioner has already deposited certain amounts, we are refraining from expressing any opinion on the merits of the case, but it is suffice, in the interest of justice, to grant stay of collection of the balance disputed tax subject to certain conditions. Accordingly, this Writ Petition is disposed of granting stay of collection of the balance disputed tax, pending disposal of the appeals by the Sales Tax Appellate Tribunal, subject to condition of the petitioner depositing 25% of the balance disputed tax within a period of six weeks from today. It is needless to mention that the impugned attachment notice shall remain suspended till disposal of the appeals. If the petitioner fails to deposit the amount as stipulated above, the stay shall automatically stand vacated. The amount, if any, already paid shall be given credit to. No order as to costs. -------------------------- (B.Prakash Rao, J) 31st March, 2008 -------------------------- (C.Y.Somayajulu, J) Note: Furnish CC in two days. B/o LUR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Commercial Tax Officer, Vengalraonagar Circle. Hyderabad. 2.2CCs to 3.2CD copies Form-NIC-OGS/WP{LS}