IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 17878 of 2004 Between: M/s. Sri Sai Marketing, Hyderguda, rep.by its Managing Partner, Sri G.Srinivasa Reddy ..... PETITIONER AND 1 Commercial Tax officer, Narayanaguda Circle, Hyderabad. 2 Deputy Commissioner (CT), Abids Division, Hyderabad. 3 Additional Commissioner (CT) (L) (FAC), Andhra pradesh, 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 order or direction particularly one in the nature of writ of Mandamus granting stay of collection of the disputed tax of Rs.72,132/- arising in pursuance of the stay rejection order of the third respondent dated 17-09-2004 read with the revision orders of the second respondent dated 28-06-2004 for the assessment year 2001-2002 (APGST) pending disposal of the appeal before the sales Tax Appellate Tribunal. Counsel for the Petitioner:MR.SKRISHNA MURTHY Counsel for the Respondents: GP FOR COMMERCIAL TAXES The Court at the admission stage made the following O R D E R (Per the Hon’ble Sri Justice Bilal Nazki): Heard learned Counsel for the parties. With their consent, the Writ Petition is disposed of at this stage. The controversy is that pending appeal, application for stay was dismissed by the competent authority. We have gone through the record and heard learned Counsel for the parties. 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 six weeks. For six weeks, there shall be an unconditional stay and the stay shall continue till disposal of the appeal, provided the amount is deposited within six 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) 5th October, 2004. _____________________ (S.ANANDA REDDY, J) Note:Issue wire at party’s cost B/o vrn To 1 Commercial Tax officer, Narayanaguda Circle, Hyderabad. 2 Deputy Commissioner (CT), Abids Division, Hyderabad. 3 Additional Commissioner (CT) (L) (FAC), Andhra pradesh, Hyderabad. 4 Two C.Cs to the Government Pleader for Commercial Taxes, High Court of A.P., Hyderabad (OUT) 5 Two C.D copies