IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH 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.6625 of 2008 Between: M/s. H.S.R.Builders, 1-1-336/39/A/3 & 336/4, Vivek Nagar, Chikkadpally, Hyderabad. Rep. it's Partner Mr.V.Srinivas Reddy S/o.Late Sai Reddy, Aged: 38 years. ...PETITIONER AND 1 The Joint Commissioner of Commercial Taxes, (CT) (Legal) O/o The Commissioner of Commercial Taxes, 2nd floor, Nampally, Hyderabad. 2 The Appellate Deputy Commissioner (CT), Secunderabad Division, 5th Floor, O/o The Commissioner of Commercial Taxes, Nampally, Hyderabad. 3 The Commercial Tax Officer, Hissamgunj Circle, 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 in the nature of Writ of Mandamus by setting aside the impugned order Ref: No. CCT's Ref.No.LV(1)/145/2008, dated 11-03- 2008, passed by the 1st Respondent, as it is contrary to the provisions of law and unjustified in the facts and circumstances of the case. Counsel for the Petitioner: MR.J.V.RAO 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.6625 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri J.V.Rao, learned counsel for the petitioner and learned Special Standing Counsel for the respondents. At their request, the Writ Petition itself is taken up for disposal In this Writ Petition, the petitioner is aggrieved against the order of refusal of grant of stay and not passing orders in the appeal, pending before respondent No.2, filed against the order of respondent No.3. Though several contentions sought to be urged on behalf of the petitioner, it is not necessary to go into the merits since the main appeal has to be heard and those contentions have to be considered in the appeal. The Writ Petition is disposed of. There shall be stay pending the said appeal subject to the condition of the petitioner depositing half of the disputed tax within a period of eight {8} weeks from today. Further, 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) 31st March 2008 RRB