IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 10312 of 2009 Between: M/s Ammagamated Holdings Limited, 6-3-571/1/5, 1st Floor, Rockvista Rockdale Compound, Somajiguda, Hyderabad, Rep by its Assistant Manager, Rep by its Assistant Manager, Sri P.V.N.Prasad. ... PETITIONER AND 1 Commercial Tax Officer, Khairtabad Circle, Hyderabad. 2 Appellate Deputy Commissioner (CT), Punjaguuta Division, Hyderabad 3 Additional Commissioner (CT) Legal, Hyderabad. ... RESPONDENTS 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 or order or direction particularly one in the nature of writ of Mandamus granting stay of collection of the disputed tax of Rs. 8,33,364/- for the assessment year 2004-05 under the APGST Act arising in pursuance of the stay rejection order ofr the third respondent passed in CCT's Ref.No. LIII(2)/156/2009 dt. 31-3-2009 pending disposal of the appeal before the Sales Tax Appellate Tribunal. Counsel for the Petitioner: MR.S.KRISHNA MURTHY Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following : HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE P. SWAROOP REDDY WRIT PETITION No. 10312 of 2009 ORDER: (Per Sri B. Prakash Rao,J) Heard the learned counsel for the petitioner and the learned Government Pleader for Commercial Taxes. With the consent of the learned counsel for the parties, the writ petition itself is heard and disposed of finally. The petitioner filed the present writ petition seeking a writ of Mandamus to declare the action of the respondents in rejecting stay application by the impugned order dated 31-03-2009, pending disposal of the appeal before the Sales Tax Appellate Tribunal, Hyderabad. It is stated that questioning the assessment order, the petitioner has filed an appeal along with stay application before the Sales Tax Appellate Tribunal, Visakhapatnam, the 3rd respondent herein, which has been dismissed. Having regard to the same, we feel that interest of justice would be met if stay is granted pending appeal, subject to the petitioner depositing 50% of the disputed tax, pending disposal of the appeal. The writ petition is accordingly disposed of granting stay subject to the condition of the petitioner depositing half of the demanded amount, pending disposal of the appeal, within a period of six weeks from today. The amount, if any, deposited shall be given credit to. Further, the 3rd respondent is directed to dispose of the appeal in accordance with law after hearing both the parties. ___________________ B. PRAKASH RAO,J DATE: 20th May, 2009 _____________________ P. SWAROOP REDDY,J Ks/pnb