IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH 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 : 4661 of 2008 Between: M/s.S.Lalaiah &CO 3-2-130,L.B Nagar 'X' Road Hyderabad R.R Dist Rep.by its Partner Mr.S.Lalaiah ..... PETITIONER AND 1 The Commercial Tax Officer Saroornagar Circle,Hyderabad 2 The Appellate Deputy Commissioner(CT) Hyderabad Rural Division,Hyd 3 The Deputy Commercial Tax Officer Miryalaguda Nagonda Dist .....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 to issue writ of Mandamus or any other appropriate writ or order or direction declaring the action of the 3rd respondents in issuing garnishee notice dt.24-9-2007 and 4-2-208 for assessment year 2003-04 when statutory appeal of the petitioner in appeal No.S/102/2007-08 pending before the 2nd respondent as arbitrary contrary to the provisions of the APGST Act in assessing the petitioner under Rule 6(2) of the APGST Rules instead of assessing the petitioner under Rule 6(3)(i) of the APGST Rules and consequetly grant stay collection of disputed demand of Rs.50,91,811/- for the assessment year 200-04 pending disposal of the appeal before the 2nd respondent and pass Counsel for the Petitioner:MR.SHAIK JEELANI BASHA Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : ORDER: (Per The Hon’ble Sri Justice B.Prakash Rao) The learned Counsel for the petitioner seeks permission of the Court to withdraw the Writ Petition. Permission is accorded. The Writ Petition is, accordingly, dismissed as withdrawn. No costs. -------------------------- (B.Prakash Rao, J) 10th March, 2008 -------------------------- (C.Y.Somayajulu, J) LUR