THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6619 of 2002 June 21, 2011 Between: Scrap Materials Traders, represented by its Proprietor, Mr.A.K.Misra ... Petitioner And Visakhapatnam Port Trust, represented by its Chairman And others ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6619 of 2002 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) The petitioner is a proprietary concern engaged in scrap business in Hyderabad. In response to a tender-cum-auction sale notice, for sale of scrap items, issued by the second respondent, the petitioner submitted tender for lot No.40 i.e., electrical scrap like chokes, electronic ignators and fan regulators etc. The tender was accepted. The petitioner deposited Rs.8,100/- for the entry permit. By letter dated 24.10.2000, the offer made by the petitioner was accepted and the petitioner deposited a sum of Rs.92,400/- which includes sales tax at 12%. Subsequently the petitioner having come to know that, as per Item-6 of Schedule – VI of the Andhra Pradesh General Sales Tax Act, 1957, the tax on electrical scrap is 8% with effect from 01.1.2000 approached the second respondent for refund of the excess sales tax paid over and above 8%, in vain. Therefore, the instant writ petition is filed. This Court admitted the writ petition on 23.4.2002 and ordered rule nisi to the respondents. The notices were served on the respondents 1 to 3. The third respondent, represented by the Special Counsel for the Commercial Taxes, submits that the Commercial Tax Officer is made as formal party to the proceedings. In spite of service of notice the main contesting party i.e., the second respondent has not filed counter affidavit. Therefore the principle of non-traverse has to be applied in this case. The petitioner claimed refund of Rs.3,300/-. Therefore, there should be any difficulty for the second respondent to consider the request and pass necessary orders. We also give liberty to the petitioner to make an application by way of reminder to the second respondent, which shall be considered and disposed of within a period of six months from the date of receipt of a copy of this order. The writ petition is, accordingly, disposed of. There shall be no order as to costs. ________________ (V.V.S. RAO, J) ______________________________ (RAMESH RANGANATHAN, J) June 21, 2011 YS