IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 22961 of 2008 Between: M/s. Singareni Collieries Co. Limited, Head Office: Kothagudem - 507 101, Khammam District, rep. by its Accounts Officer, Mr.M.Madhav Rao. ..... PETITIONER AND 1 The Assistant Commissioner (CT) LTU, Warangal Division, Warangal. 2 The Appellate Deputy Commissioner (CT) Warangal Division, Warangal. .....RESPONDENT(S) 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 of Certiorari or any other appropriate writ or order or direction quashing the order of the 2nd Respondent dated 28.7.2008 refusing to grant stay of collection of balance disputed tax of Rs.28,27,061/- for the assessment year 2004-05 under the CST Act pending disposal of the appeal as illegal, arbitrary, unjustified and contrary to law and consequently restrain the 1st Respondent from taking any coercive steps for recovery of balance disputed tax of Rs.28,27,061/- out of total disputed tax of Rs.32,30,927/- in pursuance of the notice dated 4.10.2008, pending disposal of the appeal before the 2nd respondent for the assessment year 2004-05 (CST) and pass such other order or orders. Counsel for the Petitioner:MR.S.DWARAKANATH Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.22961 OF 2008 ORDER: (Per Hon’ble Sri Justice Goda Raghuram) It is represented by the learned counsel for the petitioner that this writ petition had been filed aggrieved by the refusal of the second respondent to grant stay of the assessment orders of the first respondent in appeal. However, the appeal itself has now been disposed of and therefore the limited grievance in the writ petition does not survive for adjudication. Recording the said submission, the writ petition is dismissed as infructuous. No order as to costs. ______________________ GODA RAGHURAM, J. _________________________ P.V. SANJAY KUMAR, J. 25th November, 2008. VGSR / PGS