IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 10464 of 2009 Between: M/s. Magniram Netaram, 15-2-747, Osmangunj, Hyderabad, rep. by its Partner, Sri Narsing Pershad Upadhyay. ..... PETITIONER AND 1 The Appellate Deputy Commissioner (CT), Panjagutta Division, V Floor, C.T. Building, M.J.Road, Nampally, Hyderabad. 2 The Deputy Commercial Tax Officer, Maharajgunj Circle, 11th Floor, Gagan Vihar, Opp. to Gandhi Bahvan, M.J.Road, Nampally, 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 will be pleased to to issue an appropriate writ, order or direction more particularly in the nature of Mandamus declaring the action of the first respondent in rejecting the stay petition of the petitioner vide his order proceedings in Appeal No.CV/25/2009-10, dated 22.05.2009 relating to the Tax Period 01.10.2008 to 15.12.2008 under the A.P. Value Added Tax Act, 2005, as illegal, and unsustainable and consequently set aside the same and grant stay of collection of the disputed tax of Rs.1,08,230-00 pending disposal of the Appeal before the First Respondent and pass Counsel for the Petitioner:MR.D.RANGANATHA KUMAR Counsel for the Respondent No.: GP FOR COMMERCIAL TAX THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No. 10464 of 2009 ORDER: (Per Sri B.Prakash Rao) Heard the learned counsel for the petitioner and the learned Government Pleader for Commercial Taxes and with their consent, the writ petition itself is disposed of. It is stated that questioning the assessment and penalty orders, the petitioner filed appeals along with stay applications before the first respondent and the first respondent, by common order dated 22.05.2009, dismissed the stay applications. Having heard the counsel, we deem it appropriate that interest of justice would be met if stay is granted pending appeals subject to the petitioner depositing 50% of the disputed tax. The writ petition is disposed of granting stay subject to the condition of the petitioner depositing half of the demanded amount, pending disposal of the appeals before the first respondent, within a period of six weeks from today. Needless to mention that the amount, if any, deposited shall be given credit to. Further, the first respondent is directed to dispose of the appeals in accordance with law after hearing both the parties. B.PRAKASH RAO,J SANJAY KUMAR,J Dt.28.05.2009 Note:Wire at party’s cost Bo Usd/vv