IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 14422 of 1998 Between: M/s. Sri Ananda Venkateswara Boiled & Raw Rice Mill, Rep. by its Managing Partner Sri A. Nageswara Rao, Brahmanagudem, W.G. District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Legislative Affairs & Justice, Law Departmet, Secretariat, Hyderabad. 2 Government of Andhra Pradesh, Rep. by its Secretary, Revenue (C.T.-II) Department, Secretariat, Hyderabad. 3 The Commercial Tax Officer, Nidadavole. .....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 issue appropriate writ, order or direction especially one in the nature of Writ of Mandamus declaring that A.P. Rural Development Act 1996 is illegal and unconstitutional and the power to impose liability on the dealer or miller to pay the cess on the purchase of goods as per the Section 7 of the Act is highly arbitrary, unreasonable and violative of Arts. 14, 16 and 19(1) (g) of the Constitution of India and consequently declare that the Assessment Order in GI NO. 7967/97-98 dated 21.4.1998 as illegal and without jurisdiction and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) Though the matter is listed under the caption “for dismissal” none appeared for the petitioner. Hence, the writ petition is dismissed for non-prosecution. No order as to costs. _____________________ GHULAM MOHAMMED, J _____________________ VILAS.V.AFZUL PURKAR, J June 24, 2009. KK/DS