IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 4136 of 2006 Between: M/s Progressive Constructions Company Ltd., 7th Floor, Raghava,North Block, Raghava Ratna Towers, Chirag Ali Lane, Abids, Hyderabad, rep. by its G.P.A.,Holder Tatineni Ashok, S/o.T.Subbarao, R/o.402, Suryakiran, 1-2-593/34, Gangan Mahal Colony, Hyderabad. ..... PETITIONER AND 1 The Superintendent Engineer, SRBC Circle-II, Nandyala, Kurnool District. 2 The Executive Engineer, S.R.B.C. Division, III OWK 3 The Resident Audit Officer, Srisailam Dam, Srisailam, 4 The Commissioner of Commercial Taxes, 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 order or orders or direction or writ more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in issuing demand Notice No.SE/SRBC No.2/Ndl/DB/A ARP.1/P.XII(W)/24 dt.16.1.2006 demanding the petitioner to remit the differential amount of Rs.40,50,660 towards TOT in favour of APAO, SRBC, Scheme, Nandyala as illegal, unjustified and wholly arbitrary and setaside the same. Counsel for the Petitioner: MR.M.L.ALI Counsel for Respondent No.1: Government Pleader for Finance and Planning Counsel for Respondent No.2: GP FOR IRRIGATION & COMM AREA DEV. Counsel for Respondent No.3: Sri A. Rajasekhar Reddy, Assistant Solicitor General. Counsel for Respondent No.4: Sri A. Krishna Kaundinya, Special Standing Counsel for Commercial Taxes The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) Learned advocate for the petitioner, Sri M.L. Ali seeks permission to withdraw the petition. Permission is granted. The petition stands disposed of as withdrawn with no order as to costs. __________________________ ANIL R. DAVE, CJ _________________________________ RAMESH RANGANATHAN, J 19th February, 2009. ks