IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12999 of 2008 Between: M/s. Sri Roma Constructions # 12/322, New 80 Feet Road, Near Surya Nagar Circle, Anantapur - 515 001, rep. by its Managing Partner Mr.K.Chandra Mohan Reddy. ..... PETITIONER AND The Commercial Tax Office-I, Anantapur Circle, Anantapur. .....RESPONDENT 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 Mandamus or any other appropriate writ or order or direction declaring the action of the Respondent in levying tax in his proceedings in R.C.No.9/2008, dated 4.2.2008 observing that the judgment of the Hon'ble Court in Writ Petition No.615 of 2002 & batch dated 31.12.2007 as not applicable since purchase of excavator was effected prior to the date of judgment, as illegal, arbitrary, highhanded and in violation of the said judgment and consequently restrain the Respondent from taking any coercive steps for recovery of the disputed entry tax of Rs.9,56,250/- and pass such other order or orders. Counsel for the Petitioner:MR.S.DWARAKANATH Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Division Bench of this Court made the following order : THE HON’BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN. WRIT PETITION NO.12999 OF 2008. ORDER : { Per the Hon’ble Smt. Justice T. Meena Kumari } When the matter has come up for hearing, both the counsel submitted that the matter is squarely covered by the judgment of the Division Bench of this Court in WP.No.615 of 2002 and batch. Following the dicta laid down by the Division Bench of this Court in WP.No.615 of 2002 and batch, this writ petition is allowed on the same terms. No costs. ________________________ JUSTICE T. MEENA KUMARI . _______________________________ JUSTICE RAMESH RANGANATHAN . 23-6-2008. I s L ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}