IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.9054 of 2008 Between: M/s. Premier Constructions, 1-3-93, Old Alwal, Bolarum, Secunderabad-500010, Rep. by its Proprietor, Mr. B. Chander Rao, W/o. Sri B. Narsinga Rao. ...PETITIONER AND 1 The Additional Commissioner (CT) (Legal), Office of the Commissioner of Commercial Taxes, Nampally Station Road, Opp: Gandhi Bhavan, Hyderabad:: Andhra Pradesh. 2 The Deputy Commissioner(CT), Saroornagar Division, Nampally, Hyderabad. 3 The Commercial Tax Officer, Malkajagiri Circle, Manoranjan Complex, M.J.Road, Nampally, 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 an appropriate writ or direction, more particularly one in the nature of writ of mandamus, declaring the impugned order dated 25.03.2008 passed by the 1st respondent in CCT's Ref.LIII(4)/208/2008, for the assessment year 2003-2004 (APGST) as illegal, unjustified and contrary to the provisions of law. Counsel for the Petitioner: MR.B.SRINIVAS Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.9054 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard both the sides and at their request, the main writ petition itself is taken up for disposal. The petitioner herein is aggrieved against the orders of not granting stay and issuing garnishee notice pending appeal on the file of the Sales Tax Appellate Tribunal. Having heard the learned counsel and on perusal of the material on record, since the appeal is pending involving several substantial questions, it is suffice in the interest of justice to grant stay subject to certain conditions. The Writ Petition is disposed of granting stay pending disposal of the appeal, on a condition of the petitioner depositing half of the disputed tax within a period of six weeks from today. The amounts, if any, paid already shall be given credit to. The impugned garnishee notice shall stand suspended till the disposal of the appeal. The appeal shall be disposed of on merits after giving notice and opportunity to both the sides. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 23rd April 2008 Note: Wire at party’s cost B/O RRB