IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12275 of 2008 Between: M/s.G.V.R.Infra Projects Ltd,. (formerly M/s.G.V.R. Constructions Pvt Ltd., ) 5-1-29/A/A,Near District Khammam rep.by its Authorized Signatory Sri K.V.R.S.S.Sharma ..... PETITIONER AND 1 The Appellate Deputy Commissioner, Commercial Taxes Warangal 2 The Commercial Tax Officer (II) Khammam .....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 issue a writ of mandamus or any other appropriate writ order or direction declaring the Order passed by the first respondent rejecting the appeal in Appeal No.I.No.29/08-09 dated 7.5.2008 as illegal, arbitrary, and without jurisdiction and further direct the first respondent to take the Appeal No.I.No.29/2008-09 on file. Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondents.: SPECIAL STANDING COUNSEL FOR COMMERCIAL TAX The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12275 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed by the petitioner seeking to declare the order passed by the first respondent rejecting the appeal in Appeal No.I.No.29/08-09 dated 7.5.2008 as illegal, arbitrary, and without jurisdiction and further to direct the first respondent to take the Appeal No.I.No.29/2008-09 on file. The main grievance of the petitioner is that aggrieved by the order of the 2nd respondent for the assessment year 2001-02, an appeal has been preferred before the 1st respondent. But the 1st respondent rejected the appeal on the same day, without affording any opportunity or issuing any notice to the petitioner, on the ground that the original challan for Rs.1,000/- towards appeal institution fee was not filed and no proof of payment of admitted tax was filed. Hence, the present writ petition has been filed. Heard the learned Counsel for the petitioner and the learned Special Standing Counsel for Commercial Tax and perused the material available on record. The learned Counsel for the petitioner submitted that the petitioner has paid the admitted tax on 9.5.2008 and therefore, a direction may be issued to the 1st respondent to take the appeal on file. In view of the above facts and circumstances of the case and in view of payment of the admitted tax and the undertaking to file the original challan, We feel it just and proper to refer the matter to the 1st respondent to take on file. Accordingly, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari ___________________________ Justice Ramesh Ranganathan Date: 23rd June, 2008 Nn/gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No:12275 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 23/06/2008