IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH 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 : 6239 of 2008 Between: M/s.R.Subba Raju, 79-2-2/5, Tilak Road, Rajahmundry East Godavari District, rep.by its Managing partner Sri R.Gopala Krishna ..... PETITIONER AND 1 The Joint Commissioner (CT),Legal,Andhra pradesh, Nampally, Hyderabad 2 The Commercial Tax officer, Aryapuram Circle, Rajahmundry. .....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 or order or direction more particularly a writ in the nature of writ of mandamus setting aside the order of the 1st respondent passed in CCTs.Ref.No.LV(3)/899/2007 dated 8.1.2008 and interdict the Respondent authorities from collecting the balance disputed tax of Rs.8,35,312/- until the disposal of the appeal for the year 2001-02 pending before the Sales Tax Appellate Tribunal, Visakhapatnam and pass such other order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.A.SARVESWAR RAO Counsel for the Respondents: MR.K.RAJI REDDY, SPECIAL S.C. FOR COMMERCIAL TAX The Court made the following : THE HOUNOURABLE SRI JUSTICE B. PRAKASH RAO & THE HOUNOURABLE SRI JUSTICE C.Y.SOMAYAJULU W.P.No. 6239 of 2008 ORDER: Heard the learned counsel appearing for the petitioner and Sri K.Raji Reddy, Special Standing Counsel for Commercial Tax, who takes notice on behalf of the respondents and at their request, the main writ petition itself has been taken up for disposal at the stage of admission. The grievance of the petitioner is that the first respondent has dismissed the stay petition by proceedings, dated 08-01-2008 during the pendency of the appeal before the Sales Tax Appellate Tribunal and contended that the first respondent ought to have granted the stay instead of rejecting it and the same may be set-aside in the interest of justice. Having heard the learned counsel and on perusal of the material on record, since substantial appeal is pending involving several substantial questions, we are refraining from expressing any opinion on merits of the case, but it is suffice, in the interest of justice, to grant stay subject to certain conditions. The writ petition is disposed of granting stay pending disposal of the appeal on condition of the petitioner depositing half of the disputed tax within four weeks from today by giving credit to the amount, if any, already deposited. For four weeks, there shall be unconditional stay and stay shall continue till disposal of the appeal provided the amount is deposited within the stipulated time. Further, appellate authority shall consider and dispose of the appeal in accordance with law after giving notice and opportunity to the parties concerned. There shall be no order as to costs. _​________________ B.PRAKASH RAO,J _________________ C.Y.SOMAYAJULU,J 25-03-2008 Stp To 1 The Joint Commissioner (CT) Legal, Andhra pradesh, Nampally, Hyderabad. 2 The Commercial Tax officer, Aryapuram Circle, Rajahmundry. 3 Two CCs to 4 Two CD copies.