HON’BLE SRI JUSTICE BILAL NAZKI AND HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.7190 of 2007 Date: 26-04-2007. Between : M/s.R.R.Oil Mill, Tadipatri, rep. by its partner. …..Petitioner And Commercial Tax Officer, Tadipatri & others. …..Respondents. HON’BLE SRI JUSTICE BILAL NAZKI AND HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.7190 of 2007 ORDER : (Per Hon’ble Sri Justice Bilal Nazki) Heard learned counsel for the parties. With their consent, the writ petition is disposed of at this stage. Pending appeal, the authorities concerned granted stay of recovery on condition of payment of 25% of the disputed tax. The petitioner has also been levied with penalty of Rs.4,19,940/-. He moved an application before the Additional Commissioner for grant of stay of recovery of penalty amount till the disposal of appeal. This application has been dismissed therefore, this writ petition has been filed. Counter has also been filed. Since the appeal is pending against the imposition of tax as well as the imposition of penalty and the authorities concerned have granted stay on payment of 25% of the penalty, we feel that it could be just and fair that the recovery of penalty is also stayed subject to payment of 25% of the penalty amount within a period of six weeks from today. Writ petition is accordingly disposed of. ______________ BILAL NAZKI, J 26th April 2007 _____________________________ NOOTY RAMAMOHANA RAO, J ajr