IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 10169 of 2009 Between: M/s. Gemini Equipment & Rentals Private Ltd., II Floor, Block -D 126, 1-7-283/4/C, Jaya Mansion, Secunderabad,Rep. by Sri T. Ravi, S/o. T. Rajamouli, aged 40 yrs, Zonal Manager. ... PETITIONER AND 1 Joint Commissioner (CT) Legal, Office of the Commissioner of Commercial Taxes, Opp:Gandhi Bhavan, Nampally, Hyderabad 2 The Appellate Dy. Commissioner (CT) Secunderabad Division, 5th Floor, Commercial Taxes Complex, Opp. Gandhi Bhavan, Nampally, Hyderabad. 3 The Commercial Tax Officer, General Bazar, 6th floor, Mayur Kushal complex, Gunfoundry, Abids, 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 a writ or direction more particularly one in the nature of writ of Mandamus declaring the impugned order dt. 12-5-2009 passed by the 1st respondent i.e, in CCT's Ref.No. LV (1)/262/2009 as illegal, arbitrary unjust and contrary to the principles of natural Justice and fair play and consequently set aside the same. Counsel for the Petitioner: MR.T.RAMESH BABU Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following : HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE P. SWAROOP REDDY WRIT PETITION No. 10169 of 2009 ORDER: (Per Sri B. Prakash Rao,J) Heard the learned counsel for the petitioner and the learned Government Pleader for Commercial Taxes. With the consent of the learned counsel for the parties, the writ petition itself is heard and disposed of finally. It is stated that questioning the assessment order dated 17.1.2009 of the 3rd respondent, the petitioner has filed an appeal along with stay application before the 2nd respondent herein and the 1st respondent, by the impugned order dated 12.5.2009 has dismissed the stay application. Having regard to the same, we feel that interest of justice would be met if stay is granted pending appeal, subject to the petitioner depositing 50% of the disputed tax, pending disposal of the appeal. The writ petition is accordingly disposed of granting stay subject to the condition of the petitioner depositing half of the demanded amount, pending disposal of the appeal before the 2nd respondent, within a period of six weeks from today. It is needless to mention that the amount, if any, deposited shall be given credit to. Further, the 2nd respondent is directed to dispose of the appeal in accordance with law after hearing both the parties. ___________________ B. PRAKASH RAO,J DATE: 20th May, 2009 _____________________ P. SWAROOP REDDY,J Ks/pnb