IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL 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.9403 of 2008 Between: M/s. Sri Rudra Graphics Private Limited, # 170-B, Near B.K. Guda Park, S.R. Nagar, Hyderabad, Rep. by its Director, Sri D. Radha Krishna. ...PETITIONER AND 1 Commercial Tax Officer, Sanathnagar Circle, Hyderabad. 2 Appellate Deputy Commissioner (CT), Punjagutta Division, Hyderabad. 3 Additional Commissioner (CT) (Legal), 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 direction particularly one in the nature of Writ of Mandamus granting stay of collection of the disputed tax of Rs. 2,71,271/- for the assessment year 2004-05 (Final) under the APGST Act arising in pursuance of the stay rejection order of the third respondent dated 28-03-2008 passed in CCT's Ref.No. LIII(2)/231/2008 pending disposal of the appeal before the second respondent. Counsel for the Petitioner: MR.S.KRISHNA MURTHY Counsel for the Respondents: GP 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.9403 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard both the sides and at their request, the main writ petition itself is taken up for disposal. The petitioner herein is aggrieved against the orders of not granting stay and issuing garnishee notice pending appeal on the file of the Sales Tax Appellate Tribunal. Having heard the learned counsel and on perusal of the material on record, since the appeal is pending involving several substantial questions, it is suffice in the interest of justice to grant stay subject to certain conditions. The 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 to both the sides. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 28th April 2008 RRB