IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 7887 of 2009 Between: M/s. Andhra Organics Limited, Plot No. 110-A, IDA, Pydibhimavaram, Srikakulam District, Rep. by its Executive Director Mr. N. Prasanth. ..... PETITIONER AND 1 Assistant Commissioner (CT) LTU, Vizianagaram division, Vizianagaram. 2 The Appellate Deputy Commissioner (CT), 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 Writ of Certiorari or any other appropriate writ or order or direction quashing the order of the 2nd Respondent in Appeal No. VZM/VAT/043/08-09, dated 26-3-2009 as illegal, arbitrary, unjustified and in violation of principles of natural justice and restrain the 1st Respondent from taking any coercive steps for recovery of balance disputed tax, penalty and interest levied as per his order dated 30-1-2009 pending disposal of the appeal before the 2nd Respondent. Counsel for the Petitioner: MR. S. DWARAKANATH Counsel for the Respondents: MR. K. RAJI REDDY, SPECIAL STANDING COUNSEL FOR COMMERCIAL TAX The Court made the following : ORAL ORDER: (per Sri Anil R. Dave, CJ) Rule. Service of Rule is waived by learned Special Standing Counsel for Commercial Taxes, Sri K. Raji Reddy, appearing for the respondents. At the request of the learned Advocates, the petition is finally heard today. The petitioner has been aggrieved by the order dt.26.3.2009, which has been passed by respondent No.2 – Appellate Deputy Commissioner (CT), Visakhapatnam. The said order was passed in an application for stay of recovery filed by the petitioner during the pendency of the appeal before respondent No.2. Looking to the facts of the case, it is directed that the petitioner shall pay 50% of the tax, which has been disputed before the appellate authority, within four weeks from today. The amount of tax, which has already been paid, shall be given credit to. No coercive steps shall be taken for recovery of the impugned tax. It is also directed that the appeal, which is pending before respondent No.2, shall be disposed of as soon as possible and preferably before 22.5.2009. Learned Advocate appearing for the petitioner has agreed that the petitioner or its representative shall not pray for time and shall extend its cooperation to respondent No.2 so that the appeal can be finally disposed of within the prescribed time. In view of the above order, the petition is disposed of as partly allowed with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 18.04.2009 bnr Note: C.C. by 20.4.2009. (B.O) bnr