THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.15872 OF 2010 PER THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN DT.12.07.2010 Between: M/s.Ekta Trading Co., R.R.District. ………..Petitioner Vs. Assistant Commercial Tax Officer, Nampally, Hyderabad and another. ………….Respondents. O R D E R: (Per the Hon’ble sri justice Ramesh Ranganathan) While Sri Tej Prakash Toshniwal, learned counsel for the petitioner would submit that the petitioner purchased the goods in transit and brought it to the State of Andhra Pradesh, Sri P.Balaji Varma, learned Special Standing Counsel for Commercial Taxes would assert that the writ affidavit makes no mention of the goods having been procured in transit, for it to be treated as a transit sale. The fact, however, remains that the goods are lying with the detaining authority for the past ten days. Instead of deciding the aforesaid contentions in these writ proceedings, we consider it appropriate to dispose of the writ petition permitting the petitioner herein to produce evidence before the detaining authority in support of his contention that he had purchased the goods while they were in transit, and that he is the owner of the goods in question. In case the petitioner files such a representation, enclosing thereto such evidence which they may seek to produce, within three days from today, the respondents shall consider the same and pass orders thereupon in accordance with law, within one week thereafter. The writ petition is disposed of accordingly. However, in the circumstances, without costs. _________________ B.PRAKASH RAO J., ________________________ RAMESH RANGANATHAN J., Dt.12.07.2010 tjs