IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 10281 of 2009 Between: M/s Misra Dhatu Nigam Limited, P.O. Kanchanbagh, Hyderabad. Sri B.N.Mandal. ... PETITIONER AND 1 Commercial Tax Offcier-LTU, Charminar Division, Hyderabad. 2 Assistant Commissioner (CT), VAT Unit-II, Charminar Division, Hyderabad. 3 Appellate Deputy Commissioner (CT), Punjagutta Division, Hyderabad. 4 Additional Commissioner (CT) (Legal), 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 or order or direction particularly one in the nature of Writ of Mandamus granting stay of collection of the disputed tax of Rs.10,27,450/- for the tax period from 2005-06 to 2008-09 arising in pursuance of the stay rejection orders of the fourth respondent dt.21.04.2009 passed in CCT's Ref.No.LIII(2)/184/2009, pending disposal of the appeal before the third respondent or to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.S.KRISHNA MURTHY Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following : HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE P. SWAROOP REDDY WRIT PETITION No. 10281 of 2009 ORDER: (Per Sri B. Prakash Rao,J) Heard the learned counsel for the petitioner and the learned Government Pleader for Commercial Taxes. With the consent of the learned counsel for the parties, the writ petition itself is heard and disposed of finally. The petitioner filed the present writ petition questioning the action of the 4th respondent in rejecting the stay application filed by the petitioner pending disposal of the appeal before the 3rd respondent. Having regard to the facts and circumstances of the case, it would suffice if stay is granted pending appeal subject to the petitioner depositing half of the disputed tax, pending disposal of the appeal. The writ petition is accordingly disposed of granting stay subject to the condition of the petitioner depositing half of the disputed tax within a period of eight weeks from today. The amount if any deposited shall be given credit to. The 3rd respondent is directed to dispose of the appeal in accordance with law after hearing both parties. ___________________ B. PRAKASH RAO,J DATE: 20th May, 2009 _____________________ P. SWAROOP REDDY,J Ks/pnb