IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH 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 : 25139 of 2007 Between: M/s.Madhucon Projects Limited Madhucon House, 1129/A, Road No.36, Jubilee Hills, Hyderabad 500 033 rep. by its Assistant General Manager (F&A), Mr.N.Sahu. ..... PETITIONER AND The Commercial Tax Officer, Jubilee Hills 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 of Certiorari or any other appropriate writ or order or direction quashing the notice dated 21.11.2007 issued by the REspondent as illegal, arbitrary, unjustified and highhanded and consequently restrain the Respondent from taking any coercive steps for recovery of the disputed penalty until expiry of 90 days from the date of service of the order of the Tribunal in T.A.Nos. 866 to 869/2005 dated 19.11.2005 and pass such other order or orders. Counsel for the Petitioner : MR.S.DWARAKANATH Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : Form-NIC-OGS/WP{KURR} ORDER (Per Hon’ble Sri Justice B. Parkash Rao): Heard the learned counsel for both the parties and at their request, the writ petition itself is taken up for disposal. 2. This writ petition is filed seeking Certiorari qushing the notice dated 21-11-2007, demanding an amount of Rs.9,74,02,592/- towards penalty. 3. Though several contentions ought to be urged, however, the fact remains that having regard to the final orders passed by the respondent-authority, the petitioner has already approached this Court and filed T.R.C.Nos. 8 to 11 of 2008, which were already admitted. In view of the same, this writ petition itself became infructuous. The petitioner has to work out other remedies in seeking stay in respect of the balance amount. 4. Accordingly, the writ petition is dismissed. However, the interim orders granted by this Court on 26-11-2007, shall remain, for a period of two weeks from today to enable the petitioner to work out other remedies, and for necessary orders. _______________________ JUSTICE B.PRAKASHRAO ________________________ March 3, 2008 JUSTICE C.Y.SOMAYAJULU Kvr