IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO: 8035 of 2007 Between: The Agricultural Market Committee, Kovur, rep by its Sel. Grade Secretary, Kovur, Nellore District. ..... PETITIONER AND 1 The Income Tax Officer, Ward No.4, O/o Income-Tax-Officer, Nellore. 2 The Commissioner of Income-Tax (Appeals), Guntur, Guntur District. 3 The Sub-Treasury Officer, Kovur, Nellore District. 4 The State Bank of India, Kovur Branch, Kovur, Nellore District, rep by its Manager. .....RESPONDENT(S) 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 issue a Writ of Mandamus or an appropriate Writ or direction or order holding the action of the respondent l, 2 & 3 in issuing Notice dt 05-10-2006 & 22- 03-2007 under Section 226 (3) of IT Act, 1961 and given effect to the said notice by having paid over the demanded tax to the credit of the 1st respondent for the assessment years 2003-04 & 2004-05 respectively as illegal, arbitrary and without out authority of law, Jurisdiction and consequently direct the 1st respondent to refund the amount of Rs. 1,09,99,000/- with interest. Counsel for the Petitioner: MRS. K. LALITHA Counsel for the Respondents No. 1 & 2: SRI. B. NARASIMHA SARMA Counsel for the Respondent No. 3: GP FOR FINANCE & PLANNING Counsel for the Respondent No. 4: SMT. CH. LAKSHMI KUMARI The Court made the following ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The Income Tax Officer, Ward No.4, O/o Income-Tax-Officer, Nellore. 2 The Commissioner of Income-Tax (Appeals), Guntur, Guntur District. 3 The Sub-Treasury Officer, Kovur, Nellore District. 4 The Manager,The State Bank of India, Kovur Branch, Kovur, Nellore District. 5 One CC to MRS. K.LALITHA, Advocate [OPUC] 6 One CC to Sri. B. Narasimha Sarma, Advocate. 7 One CC to SMT. CHINTALAPUDI LAKSHMI KUMARI, High Court of A.P. Hyd. [OUT] 8 Two CC’s to GP for Finance & Planning, High Court of A.P., Hyderabad (OUT) 9 Two CD Copies. HIGH COURT VVSR,J & RR,J DATED: 10-11-2010 ORDER WP.NO: 8035 OF 2007 DISMISS HIGH COURT DATED: WP.NO: