IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15012 of 2008 Between: M/s. Vertex Homes Private Limited, Plot No.270, Road No.10 Jubilee Hills, Hyderabad, Rep. by is Managing Director, C.G. Murali Mohan, S/o. Late Sri C. Sankarayya, R/o. Hyderabad. ..... PETITIONER AND 1 Commercial Tax Officer, Jubilee Circle, Hyderabad. 2 The Appellate Deputy Commissioner (CT), Punjagutta Division, Nampally, Hyderabad. 3 Assistant Commercial Tax Officer, Jubilee Hills Circle, Hyderabad. .....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 any appropriate writ, order or direction more particularly a writ of Certiorari and call for the records on the file of the second respondent passed in Appeal No.PV/98/2007-08 dated 24.06.2008 and quash the same and issue any other writ order or direction as this Hon'ble Court may be pleased to deem fit and proper. Counsel for the Petitioner: MR.DANTU.SRINIVAS Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of Certiorari calling for the records relating to the order dated 24.06.2008 passed by the second respondent in Appeal No. PV/98/2007-08 rejecting to stay collection of the disputed tax of Rs.26,18,535/- as illegal and arbitrary and to quash the same, the petitioner filed this writ petition. The petitioner is a Limited Company and is a registered dealer on the rolls of the first respondent herein. The Deputy Commercial Tax Officer, Vengalarao Nagar, after inspection of the premises on 22.10.2007, issued show cause notice. While so, the Assessing Authority by order dated 16.01.2008 for the period 2005-2006 levied tax of Rs.26,18,535/- without considering submissions made on behalf of the petitioner, which was appealed against by the petitioner before the Second Respondent and also filed a petition seeking stay of the disputed tax pending appeal. But the second respondent by the impugned order rejected the petition refusing to stay collection of the disputed tax. Hence, this writ petition. It is submitted by the learned counsel for the petitioner that though several contentions were raised before the second respondent, the second respondent has refused to grant stay vide the order impugned herein. It is submitted that pursuant to the rejection of stay by the second respondent, the petitioner was served with recovery notice dated 7.7.2008 directing payment of Rs.13,09,268/- and coercive steps are being contemplated for recovery of the disputed tax. Heard the learned counsel for the petitioner and the learned Special Standing Counsel for Commercial Taxes. In the facts and circumstances of the case, we are of the opinion that the writ petition can be disposed of at the stage of admission directing the petitioner to deposit half of the disputed tax amount, as per the impugned order, within a period of eight weeks from today and the respondents are directed not to take coercive step for recovery of the tax, pending finalisation of the appeal by the Appellate Authority. It is made clear that the amount paid, if any, shall be given credit to the above stipulated sum. With these directions, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari ________________________ Justice Ramesh Ranganathan July 14, 2008 MAS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}