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 SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 10264 of 2009 Between: M/s. Micro Plex India Reptd. by its Mr.Mukund Maheswari, Authorised Representative, 403, Uma Nagar, Janapriya Prameels Enclave, Begumpet, Hyderabad - 500 016. ... PETITIONER AND 1 The Joint Commissioner (CT) Legal, O/o. The Commissioner of Commercial Taxes, 2nd Floor, Nampally, Hyderabad. 2 The Appellate Deputy Commissioner (CT), Secunderabad Division, 5th Floor, O/o. The Commissioner of Commercial Taxes, Nampally, Hyderabad. 3 The Commercial Tax Officer, Basheerbagh Circle, Old Kakatiya Hotel, 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 an appropriate Writ or direction more particularly in the nature of Writ of Mandamus by setting aside the impugned Proceedings order No. LV(1)/229/2009, dt. 28-04-2009 issued by the 1st respondent, as illegal unjustified and contrary to the provisions of law in the facts and circumstances of the case. Counsel for the Petitioner: MR.J.V.RAO 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. 10264 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. The petitioner’s grievance is that in spite of the fact that the appeal is pending before the 2nd respondent, no interim orders have been granted. By the impugned order, the 1st respondent rejected the stay application and directed the petitioner to pay 50% of the balance disputed penalty and interest. Hence the writ petition. 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 one- fourth of the demanded amount, pending disposal of the appeal. The writ petition is accordingly disposed of granting stay subject to the condition of the petitioner depositing one-fourth of the demanded amount within a period of eight weeks from today. The amount if any deposited shall be given credit to. The 2nd respondent is directed to dispose of the appeal in accordance with law after hearing both parties. ___________________ B. PRAKASH RAO,J DATE: 20th May, 2009 _____________________ P. SWAROOP REDDY,J Ks/pnb