IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15743 of 2008 Between: M/s. Sri Mathaji Haranath Chillies Trading Co Gudivada 521301 Krishna District Rep.by its Partner Mr.R.Satyanarayana ..... PETITIONER AND 1 The Commercial Tax Officer Gudivada Krishna District 2 The Deputy Commissioner(CT) Vijayawada-I Division Vijayawada 3 The Joint Commissioner(CT) legal A.P 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 Certiorari or any appropriate writ or order or direction quashing the order of the 3rd respondent in CCT's Ref No.LV(2)/369/08 dt.30-5-2008 and restraining the 1st respondent from taking any coercive steps for collection of the disputed tax of Rs 10,13,530/- for the assessment year 2003-04 pending disposal of the appeal in T.A No.209 of 2008 of the file of the Sales Tax Appellate Tribunal Visakhapatnam and pass such other order or orders Counsel for the Petitioner: MR.S.DWARAKANATH Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following : THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN W.P.NO. 15743 OF 2008 ORDER: (Per Smt. T. Meena Kumari, J) The present writ petition has been filed challenging the order of the 1st respondent dated 30.5.2008 refusing to grant stay of collection of disputed tax under the Andhra Pradesh General Sales Tax Act, 1957 (for short “the Act”). Heard learned counsel for the parties. The petitioner is a dealer in dry chillies, turmeric and tamarind and assesses on the rolls of 1st respondent. An assessment order was passed and it was challenged before the appellate authority. An application was filed seeking stay of collection of disputed tax Rs.10,13,530/- for the year 2003-2004 under the Act, but it was rejected. In the meanwhile, it is stated, the respondents are taking coercive steps for collected of the disputed tax. We are of the opinion that ends of justice would have been met if stay was granted pending disposal of the appeal. Accordingly we stay the collection of disputed tax subject to deposit of half of the disputed tax by the petitioner within a period of eight weeks from today and the respondents are directed not to take coercive steps for recovery of the disputed tax, pending appeal before the appellate authority. If any amount paid earlier shall be given credit to. The writ petition is accordingly disposed of. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.22.7.2008 NB: CC of order be furnished within one week. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commercial Tax Officer Gudivada Krishna District 2 The Deputy Commissioner(CT) Vijayawada-I Division Vijayawada 3 The Joint Commissioner(CT) legal A.P Hyderabad 4. 2 CCs to GP for Commercial Tax 5. 2 CD copies Form-NIC-OGS/WP{BMR}