IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND ELEVEN :PRESENT: THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO: 21124 of 2001 Between: M/s. Jayalakshmi Parboiled Modern Rice Mill, Suryapet, Nalgonda District, rep. by its Partner Sri Racharla Rama Rao …Petitioner AND 1. Commercial Tax Officer, Suryapet, Nalgonda District. 2. Appellate Deputy Commissioner, Rural Division, Hyderabad. 3. State of Andhra Pradesh, rep. by its Secretary, Revenue Department, Government of A.P., Hyderabad. 4. Food Corporation of India, Hyderabad, rep. by its Senior Manager. ...Respondents Petition Under Article 226 of the Constitution of India praying that in the Circumstances stated in the Affidavit filed therewith, the Hon'ble High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring i) inclusion of R.D. Cess in the turnover of the petitioner is in the teeth of scheme of taxation contemplated under R.D. Cess Act and APGST and accordingly direct the authorities to exclude the same from the taxable turnover by setting aside the assessment order No.12927/98-99 dated 27-12-2000 as confirmed by Appellate Deputy Commissioner to the said extent, ii) further direct the respondent authorities not to include R.D. Cess component in the taxable turnover for the purposes of levy and collection of sales-tax or in alternative direct the Food Corporation of India to remit Tax component on R.D. Cess also to the State through the mechanism of the petitioner. Counsel for the Petitioner : Sri Y. Srinivasa Reddy Counsel for the Respondent : Sri P. Balaji Varma, Spl. SC for CT The court made the following ORDER: SD/- B. LAKSHMI KAMESWARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Commercial Tax Officer, Suryapet, Nalgonda District. 2. The Appellate Deputy Commissioner, Rural Division, Hyderabad. 3. The Secretary, Revenue Department, State of Andhra Pradesh, Government of A.P., Secretariat Buildings, Hyderabad. 4. The Senior Manager, Food Corporation of India, Hyderabad. 5. One CC to Sri Y. Srinivasa Reddy, Advocate [OPUC] 6. One CC to Sri P. Balaji Varma, Spl. SC for CT [OPUC] 7. Two CD Copies. HIGH COURT VVSR,J & RR,J DATE: 25-04-2011 ORDER W.P.NO. 21124 OF 2001 DISPOSING OF THE WP