IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION No: 6545 of 2005 Between: M/s. Venkateswara Petro Chemicals Ltd., rep. by its Managing Director Mr.M.Venkateswar Rao, Chinavutapally, Gannavaram Mandal, Krishna District. ..... PETITIONER AND 1 The Additional Commissioner (Commercial Taxes) Legal (FAC), Office of the Commissioner of Commercial Taxes, Gruhakalpa Buildings, Nampally, Hyderabad. 2 The Deputy Commissioner (Commercial Taxes) No.II Division, Vijayawada, Krishna District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to call for the records issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, and set aside the impugned proceedings of the 1st respondent dt.25-01-2004 vide Ref.No.LV(2)/3344/2004 being arbitrary and violative of principles of natural justice and consequently allow the stay application of the petitioner before the 1st respondent during the pendency of the statutory appeal before the sales Tax Appellate Tribunal A.P. Hyderabad. Counsel for the Petitioner: MR.VENKATA RANGADAS KANURI Counsel for the Respondents: GP FOR COMMERCIAL TAXES The Court made the following: ORAL ORDER:- (PER GB,J.) The appeal filed by the petitioner is pending before the Sales Tax Appellate Tribunal. In the meanwhile, the petitioner moved an application before the 1st respondent seeking stay of collection of the disputed tax. The said application was rejected by the 1st respondent vide proceedings Ref.No.LV(2)/3344/2004, dated 25.01.2005. Against the said order, the present Writ Petition has been filed. 2. After hearing the learned counsel for the petitioner and the learned Government Pleader, we find it appropriate that the Sales Tax Appellate Tribunal shall dispose of the appeal expeditiously. 3. Pending disposal of the appeal, there shall be interim stay of collection of disputed tax on condition the petitioner depositing a sum of Rs.6,50,000/- (Rupees Six lakhs fifty thousand only) before the concerned assessing authority within a period of four weeks from the date of receipt of a copy of this order, failing which the stay shall stands vacated without any notice. No costs. _____________________ G. BIKSHAPATHY, J ___________________ P.S. NARAYANA, J Date: 30.03.2005 ES To 1 The Additional Commissioner (Commercial Taxes) Legal (FAC), Office of the Commissioner of Commercial Taxes, Gruhakalpa Buildings, Nampally, Hyderabad. 2 The Deputy Commissioner (Commercial Taxes) No.II Division, Vijayawada, Krishna District. 3 2 CCs to the G.P. for Commercial Taxes, High Court buildings, Hyderabad (OUT) 4 2 CD copies