IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 15868 of 2004 Between: M/s.S.V.S.Oils, D.No.5/440, Sri Rangarajapuram Nellore, rep., by its Proprietor Sri Obineni Nageswara Rao. ..... PETITIONER AND 1 Commercial Tax Officer No.I, Nellore. 2 Appellate Deputy Commissioner (CT), Guntur. 3 Deputy Commercial tax Officer No.I, Ongole. 4 Additional Commissioner (CT),(Legal), Hyderabad. .....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 or order or direction particularly one in the nature of writ of mandamus granting stay of collection of the disputed tax of Rs.21,13,068/- for the assessment year 1995-96 (APGST) arising in pursuance of the stay rejection order of the fourth respondent dated 23-07-2004 passed in CCT's Ref.No.LV(1)/1026/2004 and Form 7 Notice of Sale of Land published in the Prakasam District Gazette Local No.23 dated 04-08-2004 passed in Rc.No.234/2003/D4 dated 03-08-2004 fixing the date of auction of the distrained property on 09-09-2004 till the pronouncement of the judgement by the Sales Tax Appellate Tribunal in T.A.No.735/2004. Counsel for the Petitioner:MR.SKRISHNA MURTHY Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following O R D E R: (Per the Hon’ble Sri Justice Bilal Nazki). On payment of Rs.7,00,000/- (Rupees Seven Lakhs only), within a period of three weeks from today, the sales shall not be conducted. There shall be an unconditional stay for a period of three weeks. However, if the amount is not paid by the petitioner, the respondents shall be at liberty to conduct the sales in terms of the notice. At this stage learned Government Pleader for Commercial Taxes submits that the writ petition can be disposed of with the same direction. Accordingly, we dispose of the writ petition. No order as to costs. ___________________ (BILAL NAZKI, J) 7th September, 2004 ____________________ (S.ANANDA REDDY,J) Note:Issue operative portion by wire at party’s cost b/o vrn To 1 Commercial Tax Officer No.I, Nellore. 2 Appellate Deputy Commissioner (CT), Guntur. 3 Deputy Commercial tax Officer No.I, Ongole. 4 Additional Commissioner (CT),(Legal), Hyderabad. 5 Two C.Cs to the Government Pleader for Commercial Taxes, High Court Buildings, A.P., Hyderabad (OUT) 6 Two C.D copies.