IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER 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 : 7714 of 2008 Between: M/s. S.M.M. Marketing, Plot No. 33, Adjacent Krupa Complex, Neredmet Road, Safilguda, Hyderabad - 500 056, Rep by its Proprietor V.Satish Babu ..... PETITIONER AND 1 Additional Commissioner (CT) Legal, Hyderabad. 2 Commercial Tax Officer, Malkajgiri Circle, Hyderabad. 3 Deputy Commercial (CT), Saroornagar Division, 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 an appropriate writ, order or direction, more particularly a writ in the nature of Writ of Mandamus and set aside the order of the 1st respondent passed in CCT's Ref.No. L.III(4)/95/2008, dated 22-2-2008 (Ex.P1) and interdict the respondents from collecting the balance disputed tax of Rs. 2,59,480/- until disposal of appeal before STAT. Counsel for the Petitioner:MR.S.CHAKRAPANI Counsel for the Respondent No.: 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 : 7714 of 2008 ORDER ( Per Sri Justice B. Prakash Rao ) 1. Heard learned counsel appearing for the petitioner and learned Government for Commercial Tax, who takes notice on behalf of the respondents and at their request, the main writ petition itself has been taken up for disposal at the stage of admission. 2. The petitioner herein is aggrieved against issuing the impugned order dated 22-2-2008 of the 1st Respondent, when the substantive appeal is pending. 3. Having heard the learned counsel and on perusal of the material on record, since substantive appeal is pending involving several substantial questions, we are refrain from expressing any opinion on merits of the case. But it is suffice, in the interest of justice, to grant stay subject to certain conditions. 4. The writ petition is disposed of granting stay pending disposal of the appeal on condition of the petitioner depositing 50%of the disputed tax within a period of six weeks from today by giving credit to the amount, If any, already deposited. For six weeks, there shall be unconditional stay and the stay shall continue till disposal of the appeal provided the amount is deposited within the stipulated time. Further, the appellate authority shall consider and dispose of the appeal in accordance with law after giving notice and opportunity to the parties concerned. There shall be no order as to costs. ______________ B.Prakash Rao,J. ________________ C.Y. Somayajulu,J. 9th April, 2008. KM THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 7714 of 2008 9th April, 2008.