THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 835 of 2008 Dated: 23-01-2008 Between M/s. Yeluru Mohan Reddy, Works Contractor, Nellore, rep. by its Proprietor Y Mohan Reddy ..Petitioner And 1. The Commercial Tax Officer-III, Nellore, A.P. And 2 others Respondents THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 835 of 2008 ORDER ( per the Hon’ble Mrs. Justice T Meena Kumari) : 01. This writ petition is filed seeking to declare the order dated 30.11.2007 of the 3rd respondent in CCT’s Ref. No. LV(4)/892/2007, refusing to grant stay of collection of disputed tax as illegal, arbitrary and consequently to restrain the 1st respondent from taking any coercive steps for recovery of balance disputed tax of Rs. 2,92,448/- out of the total disputed tax of Rs. 4,31,949/- for the assessment year 2001-02 pending disposal of the appeal before the Sales Tax Appellate Tribunal, Hyderabad. 2. The learned counsel for the petitioner submits that the petitioner has preferred a stay petition before the 3rd respondent and the same has been rejected by orders dated 30.11.2007. Challenging the said rejection, the present writ petition has been filed. 3. Heard the learned Special Standing Counsel for the Commercial Taxes. 4. In view of the facts and circumstances of the case, it would suffice if stay is granted subject to payment of fifty percent of the balance disputed tax of Rs.2,92,448/-. 5. Accordingly, the Writ petition is disposed of. However, pending disposal of the appeal before the Sales Tax Appellate Tribunal, Hyderabad, stay is granted subject to payment of fifty percent of the balance disputed tax of Rs. 2,92,448/- and the same shall be deposited before the 3rd respondent within a period of six weeks from the date of receipt of a copy of this order. The deposit of amount shall be without prejudice to the rights of the petitioner in appeal. If any amount has already been paid by the petitioner, the same shall be given credit. _____________________ T. MEENA KUMARI, J ____________ G ROHINI J Dt. 23.1.2008 kvrk THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 835 of 2008 (Order of the Division Bench delivered by the Hon’ble Mrs. Justice T Meena Kumari) Dated: 23-01-2008