IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 23939 of 2008 Between: M/s. Joy Alukkas Traders (India) Private Limited, 6-3-678/1/1, Punjagutta, Hyderabad, represented by its Manager - Hyderabad Branch, Sri Justin Pulikkan. ..... PETITIONER AND Commercial Tax Officer, Somajiguda Circle, Hyderabad. .....RESPONDENT 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 direction particularly one in the nature of Writ of Mandamus setting aside the impugned assessment order passed by the respondent dated 08.09.2008 in TIN No.28967218094/2006-07/CST for the assessment year 2006-07 under the CST Act in treating the branch transfers effected by the petitioner as inter-State sales exigible to tax under the CST Act or to pass such further or other orders. Counsel for the Petitioner:MR.S.KRISHNA MURTHY Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : ORDER: (Per Sri Anil R. Dave, CJ) Upon knowing the fact that the petitioner is having an equally efficacious and alternative statutory remedy, the learned Advocate has fairly submitted that the petitioner has filed an appeal during the pendency of this petition and, therefore, he seeks permission to withdraw the petitions. Permission for withdrawal of the petitions is granted. It has been submitted by the learned Advocate appearing for the petitioner that a statutory appeal was filed during the pendency of the petition and as the petition has been filed within the period of limitation, the delay, if any, caused in filing the appeal be kindly condoned. It is for the appellate authority to consider the above submission. We are sure that the afore-stated submission shall be considered by the appellate authority in accordance with law. The petition stand disposed of as withdrawn with no order as to costs. The learned Advocate for the petitioner has prayed that the original order passed by the competent authority be returned to him. The Registry is directed to return the original order upon getting the same replaced by a copy so as to enable the petitioner to place the same before the appellate authority. _________________________ ANIL R. DAVE, CJ _____________________________ RAMESH RANGANATHAN, J 6th February, 2009. GRR