THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 866 of 2008 Dated: 23-01-2008 Between D. Hussain, s/o. Khasim, Partner, M/s. Vishwanath Reddy & Co., Sand Contractor, Kurnool ..Petitioner And 1. The Commercial Tax Officer-III, Kurnool, A.P. And 2 others Respondents THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 866 of 2008 ORDER ( per the Hon’ble Mrs. Justice T Meena Kumari) : 01. This writ petition is filed seeking to declare the action of the 1st respondent in taking coercive steps to recover the disputed tax of Rs. 76,60,800/- due for the assessment years 2003-04 to 2005- 06 pending appeals before the Sales Tax Appellate Tribunal, Hyderabad as illegal and consequently to restrain the 1st respondent from taking coercive steps. 2. The learned counsel for the petitioner submits that the petitioner has preferred appeals before the Sales Tax Appellate Tribunal, and also filed a stay petition before the Competent Authority-3rd respondent herein, but no stay was granted by him. Meanwhile, the first respondent is taking coercive steps to recover the disputed tax from the petitioner pending appeals. Hence, the present writ petition has been filed. 3. Heard the learned Special Standing Counsel for Commercial Taxes. 4. In view of the facts and circumstances of the case, it would suffice if stay is granted subject to payment of fifty percent of the total amount of demanded tax of Rs.76,60,800/-. 5. Accordingly, the Writ petition is disposed of. However, pending disposal of the appeal before the Sales Tax Appellate Tribunal, stay is granted subject to payment of fifty percent of the disputed tax of Rs. 76,60,800/- and the same shall be deposited before the 3rd within a period of eight weeks from today. 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. _____________________ T. MEENA KUMARI, J ____________ G ROHINI J Dt. 23.1.2008 kvrk THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 866 of 2008 (Order of the Division Bench delivered by the Hon’ble Mrs. Justice T Meena Kumari) Dated: 23-01-2008