IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6327 of 2008 Between: M/s.Mastanvali Trading Company, 435, Khateebpura, Adoni Kurnool District, rep.by its Proprietor Mr.P.Aslam Pasha ..... PETITIONER AND 1 The Additional Commissioner (CT), Legal, AP Hyderabad 2 The Commercial Tax officer -I, Adoni, Kurnool District 3 The Branch Manager, The Lakshmi Vilas Bank , Adoni 4 The Branch Manager, Priyadarshini Urban Co-operative Bank, Adoni, Kurnool District 5 The Branch Manager, State Bank of India.,AMC Branch Adoni, Kurnool District .....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 to issue writ of mandamus or any other appropriate writ or order or direction declaring the action of the 2nd respondent in issuing Garnishee Notices dated 15.3.2008 to the respondents 3 to 5 demanding the balance amounts when pending appeal and stay application for the assessment year 2005-06 as arbitrary, contrary to law and in violation of principles of natural justice and consequently grant stay of collection of disputes demand of Rs.8,31,560/- for the assessment year 2005-06 pending disposal of the appeal before the Sales TAx Appellate Tribunal, and pass Counsel for the Petitioner:MR.SHAIK JEELANI BASHA Counsel for the Respondent Nos.1 and2: SRI K.RAJI REDDY, SPECIAL STANDING COUNSEL FOR COMMERCIAL TAX. The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO AND THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.6327 of 2008 ORDER: (Per Hon’ble Sri Justice B.Prakash Rao) Heard Sri Shaik Jeelani Basha, learned Counsel for the petitioner and Sri K.Raji Reddy, learned Standing Counsel for Commercial Tax, who takes notice on behalf of the respondents, and at their request, the main writ petition itself is taken up for disposal. 2. The petitioner herein files this writ petition inter alia seeking writ of Mandamus, assailing the garnishee notices, 15.03.2008, pending substantive appeal and stay application. 3. Though several contentions are urged on behalf of the petitioner and also the same being opposed by the respondents, since the main appeal is pending, it is not desirable to go into and decide the same on merits, instead it is suffice to grant stay pending disposal of the appeal. 4. Accordingly, this writ petition is disposed of granting stay, pending disposal of the appeal on the file of the Sales Tax Appellate Tribunal, on a condition of the petitioner depositing half of the disputed tax within a period of four weeks from today. The amounts, if any, paid already shall be given credit to. The garnishee notices, dated 15.03.2008, shall stand suspended during the pendency of the appeal. __________________ B.PRAKASH RAO, J. __________________ C.Y.SOMAYAJULU, J. Date:26.03.2008. GS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}