IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 5827 of 2009 Between: Yeturu Bio Tech Limited, "Yeturu" 843, Banjara Avenue, Banjara Hills, Hyderabad, A.P. represented by its Managing Director, Y.Sirish Reddy S/o.Y. Ramachandra Reddy aged 29 years. ..... PETITIONER AND 1 Commissioner of Income Tax-III Hyderabad. 2 Dy. Commissioner of Income Tax, Circle -3(3), Hyderabad. 3 Commissioner of Income Tax (Appeals)-IV, 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 to issue a writ, order or direction one in the nature of Writ of Mandamus declaring the action of the respondents in taking coercive steps for the recovery of a sum of Rs.2,05,90,220/- pending disposal of appeal before the Commissioner of Income Tax (Appeals)- IV, Hyderabad for the Assessment Year 2006-07 as bad in law, arbitrary and violative of Art. 14 of the Constitution of India, and consequently set aside the notice dated 27.02.2009 issued by the 2nd respondent, Dy. Commissioner of Income Tax, Circle-3(3), Hyderabad, U/Sec. 226(3) of the Income Tax Act, 1961 and pass. Counsel for the Petitioner:MR.A.V.KRISHNA KOUNDINYA Counsel for the Respondent No.: MR.B.N.SARMA The Court made the following : THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO: 5827 of 2009 ORAL ORDER: (Per Sri Anil R. Dave, CJ) Learned advocate appearing for the petitioner has submitted that during the pendency of the writ petition, he has been afforded some protection by the respondent – authorities and therefore seeks permission to withdraw the petition. The writ petition stands disposed of as withdrawn with no order as to costs. ___________________ ANIL R. DAVE, CJ _____________________________ RAMESH RANGANATHAN, J 21st April, 2009 asp