IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 24385 of 2006 Between: M/s.Sridhar Constructions, Builders & Promoters, 16-2-741/C/8/E/1, TV Tower Bus Stop, Moosarambagh Cross Roads, Hyderabad 500 036, rep. by its Managing Partner Mr.M.Sridhar Rao. ..... PETITIONER AND 1 The Commercial Tax Officer, Malakpet Circle, Hyderabad. 2 The Appellate Deputy Commissioner (CT) Punjagutta Division, Hyderabad. 3 The Additional commissioner (CT) Legal, Andhra Pradesh, Nampally, 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 of Certiorari or any other appropriate writ or order or direction declaring the action of 3rd respondent in dismissing the stay application filed by petitioner for assessment years 1998-99, 1999-00 & 2000-01 under APGST Act by the impugned order dated 6.10.2006 in CCT's Ref.No.LIII(2)/746/2006-1 and illegal, arbitrary, unjustified and set aside the same and restrain the 1st Respondent from taking any coercive steps for recovery of disputed demand of Rs.26,460/- for the assessment year 1998-99, Rs.1,78,480/- for the assessment year 1999-00 and Rs.1,02,169/- for the assessment year 2000-01 pending disposal of appeals before the Sales Tax Appellate Tribunal and pass such other order or orders. Counsel for the Petitioner:MR.S.DWARAKANATH Counsel for the Respondents.: GP FOR COMMERCIAL TAX The Court made the following : HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:24385 OF 2006 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed by the petitioner seeking to declare the action of the 3rd respondent in dismissing the stay application filed by the petitioner for assessment years 1998-1999, 1999-2000 and 2000- 2001 under A.P.G.S.T. Act by impugned order dated 6.10.2006 as illegal and set aside the same and restrain the 1st respondent from taking any coercive steps for recovery of disputed demand of Rs.26,460/- for the assessment year 1998-99, Rs.1,78,480/- for the assessment year 1999- 2000 and Rs.1,02,169/- for the assessment year 2000-2001 pending disposal of the appeals before the Sales Tax Appellate Tribunal. When this matter is taken up for hearing, it is brought to the notice of this Court, that respective appeals, are pending before the Sales Tax Appellate Tribunal. In this view of the matter, without expressing any opinion on the merits of the case, We feel it just and proper to direct the tribunal to dispose of the appeals. It is also made clear that till such disposal, the interim stay granted by this Court shall stand operative. Subject to the above direction, this W.P is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _________________ Justice G. Rohini Date: 25th February, 2008 Nn/Gurc. HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:24385 OF 2006 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 25/02/2008