IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 17481 of 2004 Between: M/s. Sathavahana Steel & Alloys Private Limited, Now Known as J.T. Alloys (P) Limited, Ranigunj, Secunderabad - 500 003. Rep. by its Director, mr. Syed Akhtar. ..... PETITIONER AND 1 The Commercial Tax Officer, Ranigunj Circle, Secunderabad. 2 The Appellate Deputy Commissioner (CT), Panjagutta Division, Hyderabad. 3 The Addotopmal Commissioner (CT) Legal, Andhra Pradesh, Nampally, 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 of Certiorari or any other appropriate Writ or Order or direction quashing the order of the 3rd Respondent in CCT's Ref.LIII(2) 1234/04 dated 27-8-2004 as illegal, arbitrary and unjustified and consequently restrain the 1st Respondent from taking ay coercive steps for recovery of the disputed demands of Rs. 4,01,233/- & Rs. 2,08,386/- respectively for the assessment years 1989-99 & 1999-2000 pending disposal of the Petitioners appeals before the 2nd Respondent. Counsel for the Petitioner : MR.S.DWARAKANATH Counsel for the Respondents : GP FOR COMMERCIAL TAXES The Court at the admission stage, made the following : ORDER : (per Hon’ble Sri Bilal Nazki, J) Heard learned Counsel for the parties. With their consent, the Writ Petition is disposed of at this stage. The controversy is that pending an appeal, application for stay was dismissed by the competent authority. We have gone through the record. We feel that the interest of justice would have been met if stay was granted pending appeal, subject to deposit of half of the liability. Therefore, we set aside the order of the authority and direct that half of the disputed tax liability shall be paid by the petitioner within a period of eight weeks. For eight weeks, there shall be an unconditional stay and the stay shall continue till disposal of the appeal, provided the amount is deposited within eight weeks. The deposit of amount shall be without prejudice to the rights of the petitioner in the appeal. Writ Petition is disposed of accordingly. No costs. ________________ (BILAL NAZKI, J) 29th September, 2004. ____________________ (S.ANANDA REDDY, J) N.B: Wire at party’s cost. (B/o) ajr To 1 The Commercial Tax Officer, Ranigunj Circle, Secunderabad. 2 The Appellate Deputy Commissioner (CT), Panjagutta Division, Hyderabad. 3 The Addotopmal Commissioner (CT) Legal, Andhra Pradesh, Nampally, Hyderabad. 4 Two C.Cs. to the G.P. for Commercial Taxes, High Court Buildings, Hyderabad (O.U.T). 5 Two C.D. copies.