IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 29198 of 2008 Between: M/s. Vertex Enterprises, a Proprietary Firm, Having its Registered Office at Himayathnagar, Hyderabad rep. by its Authorized Representative A. Balram S/o. Yellaiah, R/o. Plot No.6/1, Sri Sai Nagar, Nagole, Hyderabad. ..... PETITIONER AND 1 State of Andhra Pradesh, rep. by its Principal Secretary Commercial Taxes, Secretariat Buildings, Hyderabad. 2 Commissioner of Commercial Taxes, Hyderabad. 3 Commercial Taxes Officer, S.D. Road Circle, R.S. Brothers, 4th Floor, Ameerpet, Hyderabad. 4 Deputy Commercial Taxes Officer, S.D. Road Circle, R.S. Brothers, 4th Floor, Ameerpet, Hyderabad. 5 Union of India, rep. by its Secretary, Finance, New Delhi. .....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 Certiorari calling for the records pertaining to the impugned notice issued by the 4th respondent dated 19.12.2008, proposing to assess the Petitioner Firm for the tax period April 2008 to October 2008 for an amount of Rs.1,72,143/- and other relevant records and further issue a writ or direction, more particularly one in the nature of Writ of Mandamus declaring the same as arbitrary, illegal and unconstitutional being in gross violation of the Articles 14, 19, 246, 301 of the Constitution of India and also in violation of the decision rendered by the Hon'ble Supreme Court of India in the case of BSNL Vs. Union of India reported in 2006(3) SSC, Page 1 and consequently set aside the same and pass Counsel for the Petitioner:PANASIA ADVOCATES AND CONSULTANTS Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) Learned senior counsel Sri D. Prakash Reddy appearing for the petitioner seeks permission to withdraw the petition so as to enable the petitioner to file reply to the show-cause notice so that the reply, which might be filed by the petitioner can be objectively considered by the authorities. Permission to withdraw the petition is granted. The petition stands disposed of as withdrawn with no order as to costs. ________________________ ANIL R. DAVE, CJ ______________________________ RAMESH RANGANATHAN, J 20th January, 2009. GRR