IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 7707 of 2009 Between: M/s. Kamal Footwear, B-1, Industrial Estate, Auto Nagar, Vijayawada, A.P., rep. by its Proprietor Mr.Chandra Prakash Sachadeva, S/o. Tataram Sachadeva, aged about 51 years. ..... PETITIONER AND The Assistant Commissioner (CT) (Int.) (LTU) No.II, Division, Vijayawada. .....RESPONDENT 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 or order or direction declaring the action of the Respondent in passing the impugned order dated 20.03.2009 for the assessment year 2005-06 under C.S.T. Act treating the turnover relating to branch transfers as inter-state sales without following the appellate order on the same set of facts for the earlier year i.e., 2004-05 and in not dealing with the judgments relied on by the petitioner as arbitrary, illegal and without any basis and contrary to the principles of natural justice and consequently set aside the same in the interest of justice. Counsel for the Petitioner: MR. P. GIRISH KUMAR Counsel for the Respondent: G.P. FOR COMMERCIAL TAX The Court made the following : ORAL ORDER: (per Sri Anil R. Dave, CJ) Learned Advocate for the petitioner seeks permission to withdraw the petition so as to avail equally efficacious alternative remedy of filing an appeal. Permission for withdrawal of the petition is granted. The petition stands disposed of as withdrawn with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 17-04-2009 bnr