THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 14896 of 2005 Dated 30/08/2005 Between: M/s. Jaya Hanuman Enterprises, (Cement Hollow Bricks Manufacturers), Markapur, Prakasam District. Represented by its Proprietor Pothireddy Nagireddy, S/o. Ranga Reddy, Aged about 35 years ..... PETITIONER AND The Deputy Commercial Tax Officer, GIDDALURU, O/o. The Commercial Tax Officer, MARKAPUR, Prakasam District. .....RESPONDENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 14896 of 2005 ORDER: (Per Sri BRSR,J) Learned counsel for the petitioner seeks leave of this Court and rightly so in our considered opinion to withdraw this writ petition with leave to file appeal against the impugned order of assessment passed by the respondent. Leave is accordingly granted. The appeal to be preferred by the petitioner on or before 6.9.2005 shall be received by the appellate authority for its consideration on merits in accordance with law. This order extending the time for filing the appeal shall not be treated as a precedent since we have taken such a view permitting the petitioner to prefer appeal within one week from today in the peculiar facts and circumstances and more particularly in view of the fact that the writ petition filed by the petitioner herein on 8.7.2005 was within limitation on which date the petitioner as well could have preferred the appeal. The writ petition shall accordingly stand dismissed. No costs. (B.SUDERSHAN REDDY,J) Dt.30.8.2005 (S.ANANDA REDDY,J) Note: Furnish CC by tomorrow (B/o) msv