IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 9407 of 2004 Between: M/S. RAYALASEEMA LEATHER BOARDS rep.by its Managing Partner A.Narayana Reddy, Plot Nos. 18 & 21 Industrial Estates, Kurnool. ..... PETITIONER AND 1 The Commercial Tax Officer-III, Kurnool. 2 The Deputy Commissioner of Commercial Taxes, Kurnool. 3 The Addl.Commissioner (CT) (Legal), O/o. The Commissioner of Commercial Taxes, Andhra Pradesh, Hyderabad. .....RESPONDENT(S) 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 writ order or direction more particularly in the nature of writ of Mandamus, setting aside the order dated 17/03/2004 in CCT's Ref.LV(3) 2323 & 2324 passed by the Additional Commissioner (CT) (Legal), Office of the Commissioner of Commercial Taxes, A.P.I, Hyderabad, 3rd respondent herein, forbear respondent from recovering the tax in question to a tune of Rs.94,559/-, Rs.1,91,088/-, Rs.1,05,425/- and Rs.5,05,827/- aggregating to Rs.8,96,899/- for the Assessment years 1999-2000 and 2000-2001 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.Y.VENKATESH REDDY Counsel for the Respondents: GP FOR COMMERCIAL TAXES The Court made the following: JUDGMENT: (Per Sri CVR,J) The learned counsel for the petitioner seeks permission of the Court to withdraw the writ petition. In the peculiar circumstances of the case, the petitioner is permitted to withdraw the writ petition with a liberty to file a fresh petition. The writ petition is accordingly dismissed as withdrawn. No costs. ------------------------- (C.Y.Somayajulu, J.) ------------------------ cvrk/dsk (C.V. Ramulu, J.) 13-08-2004 ASST. REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Commercial Tax Officer-III, Kurnool. 2. The Deputy Commissioner of Commercial Taxes, Kurnool. 3. The Addl.Commissioner (CT) (Legal), O/o. The Commissioner of Commercial Taxes, Andhra Pradesh, Hyderabad. 4. 2CCs to G.P. for Commercial Taxes, High Court buildings, Hyderabad (OUT). 5. 2CD copies.