IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 10278 of 2009 Between: M/s. Kalyani Straw Boards Limited, Plot No. 564/A-12, Road No. 92, Jubilee Hills, Hyderabad, Rep. by its Executive Director, Smt. P. Kalyani. ... PETITIONER AND The Commercial Tax Officer, Jubilee Hills Circle, Hyderabad. ... 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 Writ of Mandamus or any other appropriate Writ or order or direction declaring the action of the respondent in serving the assessment proceedings by way of certified copy dated 28-03-2002 for the assessment year 1998-99 under the Central Sales Tax Act on 01-09-2008 first time, as arbitrary, contrary to law, weight of evidence and barred by limitation and also in violation of principles of natural justice and rule of law and consequently set aside the same as null and void. Counsel for the Petitioner :MR.SHAIK JEELANI BASHA Counsel for the Respondent : GP FOR COMMERCIAL TAX The Court made the following : HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE P. SWAROOP REDDY WRIT PETITION No. 10278 OF 2009 ORDER: (per Sri B. Prakash Rao, J) Heard the learned counsel for the petitioner and the learned Government Pleader for Commercial Taxes and with their consent, the matter is taken up for final disposal at the stage of admission. Admittedly, the petitioner is having an alternative remedy of filing an appeal before the Sales Tax Appellate Tribunal. In view of the same, we are not inclined to entertain the writ petition at this stage. The writ petition is accordingly dismissed with liberty to the petitioner to file statutory appeal. However, during the pendency of the appeal to be filed by the petitioner, there shall be interim stay subject to the condition of the petitioner depositing 50% of the demanded amount within a period of eight weeks. B. PRAKASH RAO, J P. SWAROOP REDDY,J Dated: 20-05-2009 ks