IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY 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 : 10443 of 2008 Between: M/s. Thulasi Constructions Nagaram Parkal Warangal Dist Rep.by its Managing Partne Mr.K.Bhagwan Reddy ..... PETITIONER AND 1 The Commercial Tax Officer Ramannapet Circle Warangal Dist 2 The Appellate Deputy Commissioner 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 qashing the order of the 2nd respondent in Appeal No.1.No.306/2008 dt.14-3-2008 for the assessment year 2004-05 under the APGST act as illegal arbitrary contrary to law highhanded and in violation of principles of natural justice and consequently direct the 2nd respondent to restore the appeal and hear on merits and pass Counsel for the Petitioner:MR.SRINIVASA RAO KUDUPUDI Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 10443 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) The petitioner herein is aggrieved against the orders dated 14.3.2008 of the second respondent herein in rejecting the appeal filed by the petitioner on the ground of non compliance of pre-condition of payment of 12.5 % of the disputed tax. Learned counsel for the petitioner submitted that the petitioner has deposited the 12.5 % of disputed tax on 10.4.2008 and prayed that the second respondent may be directed to restore the appeal. Heard both the sides and at their request, the main writ petition itself is taken up for disposal. Having heard the learned counsel on either side and in view of the fact that the petitioner has already complied with the condition of deposit of 12.5 % of the disputed tax on 10.4.2008, we deem it appropriate to dispose of the writ petition directing the second respondent-Appellate Authority to consider the appeal filed by the petitioner and dispose of the same in accordance with law. Accordingly, the writ petition is disposed of. No costs. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) date: 2.5.2008 tvk THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 10443 of 2008 Date: 2.5.2008