IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE B.PRAKASH RAO AND THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5946 of 2010 Between: M/s. S.K. Sarawagi & Co. (Pvt) Ltd., Rep. by its Manager, Mr. V.V. Ramana, 10-1-31, Signature Towers, Nandan Nirman, Level-4, Waltair Uplands, Visakhapatnam ..... Petitioner AND 1. Government of A.P. Rep. by Principal Secretary to Government, Revenue Department (Commercial Taxes) Secretariat, Hyderabad 2 The Commercial Tax Officer, South Circle, Vizianagaram 3 The Regional Transport Authority, Visakhapatnam .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring Sec 3 of the Andhra Pradesh Tax on Entry of Motor Vehicles into Local Areas Act as unconstitutional and the insistence of the respondents 2 & 3 for payment of Tax under A.P. Tax on Entry of Motor Vehicles into Local Areas Act and the Rules made there under on the Mining Tippers purchased by the petitioner as illegal, unjust arbitrary violative of Articles 19(1)(g) 301 and 304 of the Constitution of India; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI A. VEERASWAMY, Advocate for the Petitioner and of the Govt. Pleader for Commercial Taxes for the respondents 1 and 2 and of the Govt. Pleader for Roads and Buildings for the respondent No. 3, the Court made the following ORDER: Rule nisi. Call for records. Notice returnable in four weeks. Since it is represented by the learned counsel for the petitioner that in a connected batch already interim directions were granted. In the similar lines, there shall be interim stay subject to the condition 50% of the demand is paid on or before 31st March, 2010. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Principal Secretary to Government, Revenue Department (Commercial Taxes) Secretariat, Hyderabad 2 The Commercial Tax Officer, South Circle, Vizianagaram 3 The Regional Transport Authority, Visakhapatnam. ( 1 to 3 by RPAD) 4. 2 CCs to the G.P.for Commercial Taxes, High court of A.P.Hyd. (O.UT) 5. 2 CCs to the G.P. for Roads & Buildings, High court of A.P.Hyd.(O.UT) 6. One C.C.to Sri A. Veera Swamy Advocate. (OPUC) 7. 2 spare copies. HIGH COURT BPR.J & GC.J DATED 15-03-2010 ORDER W.P.NO. 5946 OF 2010 DIRECTION Bsr Dt. 17-3-2010 HIGH COURT BPR.J & GC.J DATED 15-03-2010 ORDER W.P.NO. 5946 OF 2010 DIRECTION