IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO & THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.5537 of 2008 Between: M/s. P. Venkatrami Reddy, Works Contractor, Nandyal, Rep. by Shri P. Venkatrami Reddy, S/o. Chinna Malla Reddy, Aged about 54 Years, Kurnool District. ..... PETITIONER AND 1 The Additional Commissioner of Commercial Taxes,(Legal), Office of Commissioner of Commercial Taxes, M.J. Road, Nampally, Hyderabad. 2 The Deputy Commissioner of Commercial Taxes, Kurnool Division, Kurnool. 3 The Commercial Tax Officer, No. II Circle, Nandyal, Kurnool District. .....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 to issue an appropriate Writ, order or direction in the nature of Writ of Mandamus declaring the proceedings dated 08-02- 2008 in CCT's ref.No. L. III(3)831/2007 issued by the Additional Commissioner (CT) Legal, Hyderabad rejecting the application dated 21-11-2007 for stay of collection of the disputed tax of Rs. 5,80,047/- for assessment year 2002-2003 pending disposal fo the appeal before the Sales Tax Appellate Tribunal, Hyderabad as illegal, improper, unfair and arbitrary and directing the Respondent not to take any coercive steps for recovery of the balance of the disputed tax pending appeal and grant such other relief or reliefs as are deemed fit and proper in the ends of justice. Counsel for the Petitioner: MR.M.V.J.K.KUMAR Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following: Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE B.PRAKASH RAO & THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.5537 of 2008 ORDER: (per Hon’ble Sri Justice B,Prakash Rao) Heard both the counsel and at their request, the writ petition itself is taken up for disposal at the admission stage. The controversy is that pending an appeal, application for stay was dismissed by the competent authority. Having heard the learned counsel, We feel that the interests of justice would have been met if stay was granted pending appeal, subject to deposit of half of the liability. Therefore, We set aside the order of the authority and direct that half of the disputed tax liability shall be paid by the petitioner within a period of eight weeks from today. For eight weeks, there shall be an unconditional stay and stay shall continue till disposal of appeal, provided the amount is deposited within the stipulated time. The deposit of amount shall be without prejudice to the rights of the petitioner in appeal. If any amount has already been paid by the petitioner, the same shall be given credit. The Writ Petition is accordingly disposed of. No order as to costs. ____________________ B.PRAKASH RAO,J ___________________ C.Y.SOMAYAJULU.J Dated: 14.03.2008 Dsr Note: Issue order by wire at party’s costs B/o Dsr ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Additional Commissioner of Commercial Taxes,(Legal), Office of Commissioner of Commercial Taxes, M.J. Road, Nampally, Hyderabad. 2 The Deputy Commissioner of Commercial Taxes, Kurnool Division, Kurnool. 3 The Commercial Tax Officer, No. II Circle, Nandyal, Kurnool District. 6.2CCs to 7.2CD copies