THE HON’BLE SMT JUSTICE T. MEENA KUMARI And THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 19117 of 2008 Dated: 04-09-2008 Between M/S. Venkateswara Electricals Visakhapatnam, Rep. by its Proprietor Sri E Srinivasa Rao ..Petitioner And 1. The Commercial Tax Officer, Kurupama Market Circle, Visakhapatnam. And 2 others Respondents THE HON’BLE SMT JUSTICE T. MEENA KUMARI And THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 19117 of 2008 ORDER ( per the Hon’ble Mrs. Justice T Meena Kumari) : 01. This writ petition is ﬁled seeking a writ of Mandamus in the nature of granting stay of collection of the disputed tax of Rs.3,42,258/- for the tax assessment year 2003-04 under the APGST Act arising in pursuance of the stay rejection order of the third respondent dated 22.7.2008 passed in CCT’s Ref. No. LV(3)/525/2008 pending disposal of the appeal before the second respondent. 2. The learned counsel for the petitioner submits that the petitioner has preferred appeal before the second respondent- Deputy Commissioner (CT), Visakhapatnam, and also filed a stay petition before the Competent Authority-3rd respondent herein, but the stay was rejected by him. Meanwhile, the ﬁrst respondent is taking coercive steps to recover the disputed tax from the petitioner pending appeals. Hence, the present writ petition has been filed. 3. Heard the learned Special Standing Counsel for Commercial Taxes. 4. In view of the facts and circumstances of the case, it would suﬃce if stay is granted subject to payment of ﬁfty percent of the total amount of disputed tax of Rs.3,42,258/-. 5. Accordingly, the Writ petition is disposed of. However, pending disposal of the appeal before the second respondent- Deputy Commissioner (CT), Visakhapatnam, stay is granted subject to payment of ﬁfty percent of the disputed tax of Rs. 3,42,258/- within a period of six(6) weeks from today. The deposit of amount shall be without prejudice to the rights of the petitioner in appeal. If any amount has already been paid by the petitioner, the same shall be given credit. _____________________ T. MEENA KUMARI, J ____________________________ RAMESH RANGANATHAN J Dt. 04.9.2008 kvrk THE HON’BLE SMT JUSTICE T. MEENA KUMARI And THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 19117 of 2008 (Order of the Division Bench delivered by the Hon’ble Mrs. Justice T Meena Kumari) Dated: 04-09-2008