IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 26673 of 2008 Between: M/s. Sai Chemicals & Equipments , Rep. by its Managing Partner, Shaik Kailash S/o. Sk. Khasim 48-7-66, Srinagar , Rama Talkies Lane, Vegetable Market Road, Visakhapatnam. ..... PETITIONER AND 1 The Government of Andhra Pradesh,Rep. by its Commissioner, Commercial Tax Department, A.P. Secretariat, Hyderabad. 2 The Commercial Tax Officer, Dwaraka Nagar Circle, Visakhapatnam. .....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 suitable writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in issuing stop payment notices Dt. 8-7-2008 to the customers of the petitioner from by declaring the petitioner as defaulter even before issuing of final orders as illegal, arbitrary and without jurisdiction and direct the 2nd respondent to revoke the stop payment notice dt. 8-7-2008 issued to the customers of the petitioner and pass Counsel for the Petitioner:SMT.S.A.V.RATNAM Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON'BLE SRI JUSTICE P.V. SANJAY KUMAR Writ Petition No. 26673 of 2008 Oral Order: (per Hon’ble Sri Justice Goda Raghuram) The petitioner is aggrieved by the notice issued by the second respondent dated 08.07.2008 to its customers. It is represented by the learned Standing Counsel for the Commercial Taxes Department that the second respondent has withdrawn the said notice. In the circumstances stated by the learned Standing Counsel for the respondents, the cause in the writ petition does not survive for adjudication. The writ petition is, accordingly, dismissed as infructuous. There shall be no order as to costs. ____________________ GODA RAGHURAM, J. ______________________ P.V. SANJAY KUMAR, J. Date: 11.12.2008 Note: Issue CC forthwith (B/O) Nsr