IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 8537 of 2009 Between: M/s.Koya & Company COnstruction Private Limited, 12-2- 831/38,72 MIGH, Mehdipatnam, Hyderabad-500028 rep.by its Executive Director, Mr.T.K.Saleem ..... PETITIONER AND 1 The Assistant Commissiner (CT), VAT Unit-II, Chariminar Division, Hyderabad 2 The Deputy Commissioner (CT), Charminar Division Hyderabad 3 The Additional COmmissioner (CT),Legal,Andhra Pradesh Hyderabad .....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 issue a writ of certiorari or any other appropriate writ or order or direction quashing the impugned order passed by the 3rd respondent in CCTs.Ref.No.LIII(2)/77/2009 dated 5.3.2009 as illegal, arbitrary, high handed and contrary to the provisions of the Act and restrain the 1st respondent from initiating any coercive steps for recovery of the balance disputed tax of Rs.15,46,438/- out of the total disputed tax of Rs.20,61,918/- for the tax period 2006-07 under APVACT Act 2005 pending disposal of the appeal before the Sales Tax Appellate Tribunal, Hyderabad in TA.No.1011 of 2008 Counsel for the Petitioner: MR.S.DWARAKANATH Counsel for the Respondents: Sri K. Raji Reddy, Special Standing Counsel for Commercial Tax The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) Rule. Service of Rule is waived by Sri K. Raji Reddy, learned standing counsel appearing for the respondents. At the request of the learned advocates, the petition is finally heard today. 2. The petitioner has been aggrieved by an order dated 05-03-2009 whereby the revision application filed by it before the Additional Commissioner (CT) Legal praying for stay of recovery of the amount of tax during the pendency of an appeal filed by it has been rejected. 3. Upon hearing the learned advocates and looking to the fact that similar matters had been admitted and interim relief had been granted by this Court to other petitioners and more particularly, in view of the fact that no reasons have been stated in the impugned order for rejecting the application, we direct the petitioner to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) during the pendency of the appeal, which is pending before the appellate authority. The said amount shall be paid, in addition to what has already been paid by it towards tax, which is in dispute. The said amount shall be paid within six weeks from today. 4. In view of the above order, no steps shall be taken for recovery of the remaining amount of tax during the pendency of the appeal. 5. The petition stands disposed of as allowed to the above extent with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 24th April, 2009. ks