THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.26627 OF 2007 Date:07.07.2011 Between: M/s.Transmission Corporation of Andhra Pradesh Limited, Vidyut Soudha, Hyderabad, represented by its Financial Adviser and Chief Controller of Accounts (A&E), Sri N.Ramachandra .. Petitioner And The Commercial Tax Officer, Khairatabad Circile, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.26627 OF 2007 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) Transmission Corporation of Andhra Pradesh Limited, the successor of the erstwhile Andhra Pradesh State Electricity Board, is the petitioner in this writ petition. They seek a writ of mandamus directing the first respondent, namely the Commercial Tax Officer (CTO), Khairtabad Circle, Hyderabad, to refund a sum of Rs.15,49,39,123/- which was paid in excess of the demand under the Andhra Pradesh General Sales Tax Act, 1957. The assessment of the petitioner for the year 1998-1999 was completed by the second respondent vide order dated 18.11.2003. The assessment resulted in refund of the above said amount. The petitioner submitted a claim for refund in Form XXIII on 27.01.2004 besides requesting the third respondent to intervene for expedient orders as to refund of arrears of tax for the year 1998-1999. The petitioner statedly sent reminders seeking refund, but in vain. Therefore, they filed the instant writ petition. The respondents have not filed counter affidavit traversing the petitioner allegations. Be that as it may, the Special Counsel for Commercial Taxes fairly submits that the refund claim of the petitioner is in advanced stage of process by the department. Taking note of this, and also that the writ petition has been pending for the last four years, we deem it appropriate to dispose of the writ petition in the following manner. i) There shall be a direction to the first respondent to pass necessary proceedings for refund of the amount as determined by the assessing officer vide order dated 18.11.2003, taking into consideration the date of application for refund as 27.01.2004. ii) This exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. iii) There shall be no order as to costs. ________________ (V.V.S. RAO, J) ______________________________ (RAMESH RANGANATHAN, J) 07.07.2011 KH