IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI And THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 3212 of 2004 Between: M/s.Priyadarshini Cement Limited, 34, Green Towers, Srinagar Colony, Hyderabad-500073, rep. by its Advisor, (Corporate Affairs), M.G.Ramachandran. ..... PETITIONER AND 1 The Commercial Tax Officer, Kodad, Nalgonda District. 2 The Appellate Deputy Commissioner (CT), Hyderabad Rural Division, Hyderabad. 3 The Additional Commissioner (CT), Nampally, Hyderabad. 4 The Assistant Commissioner (CT) (LTU), Nalgonda Division, Nalgonda. .....RESPONDENTS 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 Certiorari any other appropriate writ or order or direction quashing the order of the CCT's Ref.L.III(3)/2004/2003 dated 3-12-2003 and restrain the 1st Respondent from taking any coercive steps to recover the disputed tax of Rs.14,60,390/- & Rs.13,11,083/- for the assessment years 1995-96 (CST) & 1996-97 (CST) pending disposal of the appeals filed before the 2nd Respondent. Counsel for the Petitioner: MR.S.DWARAKANATH Counsel for the Respondent Nos.1 to 4: SPECIAL GP FOR COMMERCIAL TAXES. The Court made the following: ORAL ORDER: (Per: The Hon’ble Mr. Justice Bilal Nazki) This Court passed an order on 03-03-2004 directing that, pending further orders, the petitioner shall deposit 1/3rd of the disputed tax. It is submitted that this amount has already been deposited and the appeal is pending before the Tribunal. In view of this position, we do not think that it will serve any purpose to keep this writ petition pending. Since the appeal is pending before the appellate authority and 1/3rd of the disputed tax has been deposited, it will be appropriate to direct the parties to pursue the appeal itself. The writ petition is, accordingly, disposed of. The order dated 03-03-2004 of this court shall remain operative till the appeal is disposed of and shall be subject to the outcome of the appeal by the Tribunal. The appeal may be disposed of as expeditiously as possible. No costs. _________________________ BILAL NAZKI, J ________________________ S. ANANDA REDDY, J Dt. 08-11-2004 Pvks/* To 1 The Commercial Tax Officer, Kodad, Nalgonda District. 2 The Appellate Deputy Commissioner (CT), Hyderabad Rural Division, Hyderabad. 3 The Additional Commissioner (CT), Nampally, Hyderabad. 4 The Assistant Commissioner (CT) (LTU), Nalgonda Division, Nalgonda. 5.2CCs to the Special Government Pleader for Commercial Taxes, A.P. High Court Buildings, Hyderabad (OUT). 6.2CD copies Form-NIC-OGS/WP{CPK}