IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 8988 of 2009 Between: Dr.G.Subba Rao S/o.Bhushaiah R/o.Bhushaiah Memorial Hospital, Edlapadu village & Mandal, Guntur District ..... PETITIONER AND 1 The Deputy Commissioner of Commercial Taxes, Guntur, Guntur District 2 The Commercial Tax Officer, Door No.4-355, 2nd lane Pandaripuram, Chilakaluripet, Guntur District .....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 order or direction more particularly one in the nature of writ of mandamus declare the action of the 2nd respondent in passing final order under Form TOT 025 and section 21(6) of A.P. VAT Act dated 18.4.2009 i.e. re-assessment of turn over tax asking to pay Rs.2,585/- with 1% interest and passing demand notification for penalty dt.20.4.2009 demanding to pay an amount of Rs.7,585/- including Rs.5,000/- u/.s.56 of A.P. VAT Act, though the same is not applicable on the petitioner as illegal, arbitrary, and unconstitutional and consequently set aside the final order passed by the 2nd respondent u/s.21(6) of A.P. VAT Act dated 18.4.2009 re-assessing the tax and also the consequential notification and demand for penalty dated 20.4.2009. Counsel for the Petitioner: MR. N. RAVI PRASAD Counsel for the Respondents: MR. K. RAJI REDDY, SPECIAL STANDING COUNSEL COMMERCIAL TAXEX The Court made the following : ORDER: (per Sri Anil R. Dave, CJ) Learned Advocate for the petitioner seeks permission to withdraw the petition so as to enable the petitioner to challenge the validity of the impugned assessment order by filing a statutory appeal. Permission is granted. The petition stands disposed of as withdrawn with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 29-04-2009 bnr