IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 4549 of 2009 Between: M/s. Sri Varahalakshmi Narasimhaswamy Devasthanam Simhachalam, Visakhapatnamm Rep. by its Executive Officer Sri C. Prem Kumar ..... PETITIONER AND Commercial Tax Officer, Dwarakanagar Circle, 1st Floor, VUDA Udyog Bhavan, Siripuram Junction, Visakhapatnam .....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 issue a writ order or direction more particularly one in the nature of Mandamus declaring the impugned Notice dt. 26- 2-2009 issued without jurisdiction as null and void and set aside the same Counsel for the Petitioner: MR.S.R.R.VISWANATH Counsel for the Respondent: Sri Krishna Kaundinya, SC for Commercial Taxes The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) The petitioner, a Devasthanam has approached this Court at the stage when a show cause notice has been issued. In the circumstances, in our opinion, the petition is premature because no final decision has been taken by the respondent authority till today. 2. We are sure that the respondent authority shall consider the reply, which might be given to the authority and shall take appropriate decision in accordance with law. 3. As the petition is premature, it is rejected. It is however directed that the decision which might be rendered in pursuance of the show cause notice shall not be given effect to for a period of two weeks from the date of its communication to the petitioner. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 05th March, 2009 ks