IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6436 of 2008 Between: M/s Sree Tirumala Srinivasa Oil Mill, 4/93/A1, Vijayagopalapuram, Stone Housepet,Nellore, rep by its partner, Sri G.Narayana Chetty, ..... PETITIONER AND 1 Commerical Tax Officer-I , Nellore. 2 Appellate Deputy Commissioner(CT) , Guntur. 3 The Manager, Indus Ind Bank Ltd., Nellore. .....RESPONDENT(S) 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 to issue a writ or Order or direction particularly one in the nature of Writ of Mandamus granting stay of collection of the disputed tax of rs.3,34,265/- for the assessment years 1994-95 and 1995-96 under the APGST Act arising in pursuance of the appeal orders of the second respondent pending disposal of the appeals before the Sales Tax Appellate tribunal. Counsel for the Petitioner:MR.S.KRISHNA MURTHY Counsel for the Respondents: SRI K.RAJI REDDY, SPECIAL STANDING COUNSEL FOR COMMERCIAL TAX. The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO AND THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.6436 of 2008 ORDER: (Per Hon’ble Sri Justice B.Prakash Rao) Heard Sri S.Krishna Murthy, learned Counsel for the petitioner and Sri K. Raji Reddy, learned Special Standing Counsel for Commercial Tax, who takes notice on behalf of the respondents, and at their request, the main writ petition itself is taken up for disposal. 2. The petitioner herein is aggrieved against the orders of not grating stay and issuing garnishee notice pending substantive appeal on the file of the Sales Tax Appellate Tribunal. 3. Having heard the learned Counsel and on perusal of the material on record, since substantial appeal is pending involving several substantial questions, we are refraining from expressing any opinion on the merits of the case, but it is suffice, in the interest of justice, to grant stay subject to certain conditions. 4. This writ petition is disposed of granting stay pending disposal of the appeal, on a condition of the petitioner depositing half of the disputed tax within a period of six weeks from today. The amounts, if any, paid already shall be given credit to. The impugned garnishee notice shall stand suspended till the disposal of the appeal. The appeal shall be disposed of on merits after giving notice and opportunity. __________________ B.PRAKASH RAO, J. __________________ C.Y.SOMAYAJULU, J. Date:26.03.2008. GS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}