IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 14411 of 2004 Between: M/s. STADS Limited, rep., by N.Seshadri, Manager (Administration) Plot No.201, First Floor, 3-6-181/1, Road No.17, Himayatnagar, Hyderabad-29, having its registered office at No.2 Kasturi Rangan Road, Alwarpet, Chennai-18. ..... PETITIONER AND 1 The Commercial Tax Officer, Narayanaguda Circle, Hyderabad. 2 The Appellate Deputy Commissioner of Commercial Tax, Hyderabad. 3 The UTI Bank, rep., by Branch Manager, No.5, Thyagaraja Road, T.Nagar, Chennai. 4 The ICICI Bank Limited, rep., by Branch Manager, Himayatnagar, Hyderabad. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus: i) declaring the action of the respondent authorities in passing the orders dated 7/7/2004 in Assessment No.2165/02-03, 2165/03-04, 2165/04-05 and order dated 15-7-2004 in proceedings Rc.No.01/2165/04-05, and the order dated 24-7-2004 in proceedings Rc.No.ABS/05/1/2165/04-05, as arbitrary, illegal and violative of Article 14 of the Constitution of India and contrary to the provisions of A.P. General Sales tax Act Counsel for the Petitioner: MR.M.RAJENDER REDDY Counsel for the Respondent Nos. 1 and 2: GP FOR COMMERCIAL TAX Counsel for the respondents 3 and 4: The Court at the stage of admission made the following : HON’BLE MR. JUSTICE BILAL NAZKI AND HON’BLE MR. JUSTICE S. ANANDA REDDY W.P.NO. 14411 OF 2004 ORDER: (Per Hon’ble Mr. Justice Bilal Nazki) Heard learned counsel for the parties. In this writ petition the petitioner has challenged orders dated 7.7.2004 and 24.7.2004 passed by respondents. These orders are consequential orders to provisional assessment order which is already subject matter of an appeal before the appellate authority. In this view of the matter, we do not think that this writ petition is maintainable. If the petitioner has any grievance with regard to the consequential orders to provisional assessment order against which an appeal is pending, he can approach the appellate authority itself. The writ petition is dismissed. No costs. _______ BN J. _______ SAR J. Dt.16.8.2004 KR Sd/- Asst. Registrar //True Copy// Section Officer To 1 The Commercial Tax Officer, Narayanaguda Circle, Hyderabad. 2 The Appellate Deputy Commissioner of Commercial Tax, Hyderabad. 3 The Branch Manager, UTI Bank, No.5, Thyagaraja Road, T.Nagar, Chennai. 4 The Branch Manager, ICICI Bank Limited, Himayatnagar, Hyderabad. 5. 2 CCs to G.P. for Commercial Tax, High Court Buildings, Hyderabad (out) 6. 2CD copies