IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO. 7 6 5 2 of 2010 Between : Ragidi Laxma Reddy s/o R Prabhu Reddy Aged about 44 years, Occ. Business, R/o Plot No.1, Green Hills Colony, Street No.8, Habsiguda, Hyderabad ..... PETITIONER V/s. The Commissioner of Income Tax (Appeals-VI) 6th Floor, I.T. Towers, AC Guards, Hyderabad & Anr. ..... RESPONDENTS Counsel for the Petitioners : Sri M. Narender Reddy Counsel for the Respondents: Govt.Pleader for Commercial Tax The Division Bench of this Court made the following : (Order follows 2nd page) THE HON'BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 7 6 5 2 of 2010 ORAL ORDER : { Per the Hon’ble Smt.Justice T.Meenakumari } The writ petition has been filed seeking mandamus to declare the action of the respondents in proceeding to recover the amount under the assessment order dated 31-12-2009 for the assessment year 2007-08 during the pendency of the appeal before the first respondent as arbitrary, illegal and violative of Article 14 of the Constitution of India and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case. 2. When the matter came up today, the learned counsel for the petitioner seeks leave of this Court to withdraw this writ petition with a leave to avail such remedies as may be available to the petitioner in law. 3. Leave is accordingly granted. 4. The writ petition is accordingly dismissed as withdrawn. It is needless to observe that if the petitioner avails any such remedy, the same shall be considered on its own merits uninfluenced by the dismissal of this writ petition. _____________________ Justice T.Meena Kumari ___________________________________ Justice Nooty Ramamohana Rao 08-4-2010. I s L THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE NOORTY RAMAMOHANA RAO WRIT PETITION No. 7 6 5 2 OF 2010 Judgment of the Division Bench delivered by the Hon'ble Smt. Justice T. Meenakumari) Circulation Entry No.6 2 Date: 08-04-2010 COMPUTER No. 43 Court Master: I s L