IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 7392 of 2008 Between: M/s. Roma Constructions, Rep. by its Managing Partner, K. Chandra Mohan Reddy, S/o. Sri K.V. Chalama Reddy Aged 38 Years, 12/32, Suryanagar Circle, Ananthapur - 515 001. ..... PETITIONER AND 1 The Commercial Tax Officer-I, Ananthapur, Ananthapur District. 2 The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Secretariat, 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 a Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring that Section 3 of the Andhra Pradesh Tax open Entry of Motor Vehicles into Local Areas Act, 1996 as unconstitutional and beyond legislative competence of the State, and ultra vires Article 246(1) of the Constitution of India in so far as purporting to impose a levy entry tax of Rs. 9,56,250/- on the inter-State purchase of Hydraulic Excavator valued at Rs. 76,50,000/- @ 12.5% being violative of Serial Nos 41, 83 and 92-A of List I to the Seventh Schedule to the Constitution of India besides violative of Articles 301 and 304(a) not being saved by Article 304(b) and liable to be declared void and unenforceable. Counsel for the Petitioner: MR.S.DWARAKANATH Counsel for the Respondents.: SPECIAL STANDING COUNSEL FOR COMMERCIAL TAX The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 7392 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) When this writ petition is taken up for hearing, the learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with a liberty to file a fresh writ petition. He has also made an endorsement to that effect on the petition. Permission is accorded. Accordingly, this writ petition is dismissed as withdrawn. However, the petitioner is granted liberty to file a fresh writ petition, if it so desires, in accordance with law. _________________________ Justice T. Meena Kumari ____________________________ Justice Ramesh Ranganathan Date: 19.6.2008 Gurc/nn THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 7392 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) Dated:19.6.2008