IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE SECOND 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 : 7149 of 2008 Between: M/s. Brij Melhyd Private Limited, 412, Model House, Punjagutta, Hyderabad, rep by its Managing Director,Sri balwant singh. ..... PETITIONER AND 1 Commercial Tax Officer, Vengalrao Nagar Circle, Hyderabad. 2 Appellate Deuty commissioner (CT), Punjagutta Division, Hyderabad. 3 Additional Commissioner (CT) Legal, Andhra Pradesh, Hyderabad. .....RESPONDENT(S) 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 inthe nature of writ of Mandamus granting stay of collection of the disputed tax of Rs. 12,56,659/- for the tax period from 2005-06 to 2007-08 (Upto July, 2007) arising in pursuance of the stay rejection orders of the third respondent dated 25-01-2008 passed in CCT's Ref. No. LIII(2)/29/2008 pending disposal of the appeal before the second respondent or to pass such further or other orders as may deem fit and proper inthe circumstancesof this case. Counsel for the Petitioner:MR.S.KRISHNA MURTHY Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following : THE HOUNOURABLE SRI JUSTICE B. PRAKASH RAO & THE HOUNOURABLE SRI JUSTICE C.Y.SOMAYAJULU W.P.No.7149 of 2008 ORDER (per Sri Justice B. Prakash Rao) 1. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Commercial Tax, who takes notice on behalf of the respondents and at their request, the main writ petition itself has been taken up for disposal at the stage of admission. 2. The petitioner herein aggrieved against the orders of not granting stay pending substantive appeal on the file of the second respondent. 3. Having heard the learned counsel and on perusal of the material on record, since substantial appeal is pending involving several substantial questions, we are refraining from expressing any opinion on the merits of the case, but it is suffice, in the interest of justice, to grant stay subject to certain conditions. 4. This writ petition is disposed of granting stay pending disposal of the appeal, on a condition of the petitioner depositing half of disputed tax within a period of two weeks from today. The amounts, if any, paid already shall be given credit to. The appeal shall be disposed of on merits after giving notice and opportunity. _______________ B.PRAKASH RAO,J _______________ C.Y.SOMAYAJULU,J 02-04-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}