IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 6461 of 2009 Between: M/s. Sri Venkateswara Non Ferrous Foundry (Male, Hindu) Reptd. by its Partner, Sri Jitendra Virani, R/o. Plot No. 19/5, Azamabad, Musheerabad, Hyderabad. ..... PETITIONER AND 1 The Joint Commissioner (CT) Legal O/o. The Commissioner of Commercial Taxes, Andhra Pradesh, Hyderabad. 2 The Commercial Tax Officer Musheerabad Circle M.K. Complex, Abids, Hyderabad. .....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 issue a writ or direction or order more particularly one in the nature writ of Mandamus declaring the order dated 20-02-2009 in CCT's Ref. No. L5(1)/97/2009 passed by the 1st Respondent rejecting the Stay Revision Petition seeking stay of collection of the disputed taxes for the Assessment Year 2004-05 (CST) is illegal, arbitrary and contrary to Section 5 (3) of CT Act 1956 and contrary to the principles of natural justice and to set aside the same. Consequently direct the 2nd Respondent not to collect the disputed taxes, pending disposal of the appeal by the Appellate Deputy Commissioner (CT), Secunderabad Division, and to grant such othe relief or relief's as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.KUNUKU DURGA PRASAD Counsel for the Respondents: Sri A.V. Krishna Koundinya, Special Standing Counsel for Commercial Tax The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) Learned advocate appearing for the petitioner has submitted that the petition has become infructuous. In the circumstances, the petition is disposed of as having become infructuous with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 17th April, 2009. ks