THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.10566 of 2009 ORDER: (Per BPR, J) Heard the learned counsel for the petitioner and the learned Government Pleader for Commercial Taxes. With the consent of the learned counsel for the parties, the writ petition itself is taken up for hearing and disposal. The petitioner filed the present writ petition seeking a writ of Mandamus to declare the action of the 2nd respondent in rejecting the stay application vide order, dated 16.01.2009, as illegal and arbitrary. It is stated that questioning the assessment order, the petitioner has filed an appeal before the 2nd respondent along with stay application, which was dismissed on 16.01.2009. Having regard to the same, we feel that interest of justice would be met if stay is granted pending appeal subject to the petitioner depositing half of the disputed tax amount. The writ petition is accordingly, disposed of granting stay subject to the condition of the petitioner depositing half of the disputed penalty amount, pending disposal of the appeal, within a period of six weeks from today. The amount, if any, deposited shall be given credit to. Further, the 2nd respondent is directed to dispose of the appeal in accordance with law after hearing both the parties. No costs. ___________________ B.PRAKASH RAO, J 28th MAY, 2009. ____________________ SANJAY KUMAR, J kvni/kh