THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No. 7606 of 2010 Dated: 14-09-2011 Between R.Hanumanthappa …Petitioner And Deputy Commercial Tax Officer, Rayadurg, Anantapur District and others …Respondents Oral Order: (Per Hon’ble Sri Justice Goda Raghuram) Proceedings issued in Form 7, under Section 36 of the Revenue Recovery Act, 1864, dated 19-2-2010 by the 1st respondent, for public auction of properties enumerated therein towards recovery of arrears of M/s Venkateswara Oil Mills, Rayadurg for the assessment years 1993-94 and 1994-95 under the APGST Act, 1957, is assailed in this writ petition. It is represented by Sri Balaji Varma, learned Special Government Pleader for Commercial Taxes that by proceedings dated 23-4-2010 the Commercial Tax Officer No.II, Anantapur has withdrawn the Form 7 notice issued, since Sri R. Lokanath S/o R.Thippeswamy, partner of Sri Venkateswara Oil Mill, Rayadurg had filed a representation before the 1st respondent herein to defer the auction since he was prepared to pay the entire balance of arrears intimated; and had thereafter paid the balance of tax arrears of Rs.3,59,826/-; the amount set out in Form 7 notice, impugned in this writ petition. As the impugned proceedings of auction of the enumerated properties has since been withdrawn on the arrears of sales tax having been paid, the cause in this writ petition does not survive and it is accordingly dismissed as infructuous. There shall be no order as to costs. The copy of the order of the Commercial Tax Officer No.II, Anantapur dated 23-4-2010 furnished by the Special Government Pleader for Commercial Taxes may be placed on record in this writ petition. ______________________ GODA RAGHURAM, J 14th September, 2011 ______________________ B.N.RAO NALLA, J GRR