IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE P.S. NARAYANA WRIT PETITION NO : 4304 of 2008 Between: M/s. S. Lalaiah & Co., 3-2-130, L.B. Nagar 'X' Road, Hyderabad-500 074, Ranga Reddy District, rep. by its Partner, Mr. S. Lalaiah. ..... PETITIONER AND 1. The Commercial Tax Officer, Saroornagar Circle, Hyderabad. 2. The Secretary, Sales Tax Appellate Tribunal, A.P, Hyderabad. 3. The Deputy Commercial Tax Officer, Miryalaguda. 4. The Appellate Deputy Commissioner (CT), Hyderabad Rural Division, 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 Writ of Mandamus or any other appropriate Writ or order or direction declaring the action of the Hon'ble Sales Tax Appellate Tribunal in not condoning the delay of 5 months 2 weeks 3 days in compliance of the orders of the Hon'ble Sales Tax Appellate Tribunal, dated 11.06.2007 in TMP No.107 of 2007 in T.A.No.345/2007 and TMP No.108 of 2007 in T.ANo.346/2007 for the assessment years 1998-99 and 1999-2000 and when pending appeal before the 4th respondent for the assessment year 2003-04, as arbitrary and in violation of principles of natural justice and consequently condone the delay of 5 months 2 weeks 3 days in compliance of orders of the Hon'ble Sales Tax Appellate Tribunal for the assessment years 1998-99 and 1999-2000 and grant stay of collection of balance disputed demand of Rs.44,55,335/- for the assessment year 2003-04, pending disposal of the appeal before the 4th respondent, in the interest of justice and pass such other order or orders Counsel for the Petitioner:MR.SHAIK JEELANI BASHA Counsel for the Respondent Nos.1 to 3: GP FOR COMMERCIAL TAX Counsel for the Respondent No.4: Sri A.V. Krishna Koundinya, Special Standing Counsel for C.T. The Court made the following : ORDER:(Per Hon’ble Sri Justice B. Prakash Rao) Learned counsel for the petitioner submits that the matter has become infructuous. Accordingly, the writ petition is dismissed as infructuous. No costs. _________________ B. PRAKASH RAO, J ________________ P.S. NARAYANA, J. Date: March 4, 2008. BSB/AM ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}