IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL 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.8003 of 2008 Between: Kotta Gopala Rao S/o late K. Rattiah, R/o Krishnalanka Dwarakanagar, Vijayawada. ...PETITIONER AND 1 The Deputy Commissioner (CT) No.II Division, Vijayawada. 2 The Commercial Tax officer, Vuyyuru, Krishna District, 3 The Deputy Commercial Tax Officer, Krishnalanka Circle Vijayawada, Krishna District. ...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 or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in issuing the demand notices and Form No.4 dt 09-10-2007 for collection of the arrears of Sales taxes for the Assessment years 1992-93' to 1998-99 due by the private limited company against the director is illegal, arbitrary, contrary to the provisions of A.P.G.S.T. Act, 1957 and set a side the same consequently direct the respondents not to collect the arrears of sales tax of the company against petitioner and grant such other relief or reliefs as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.KUNUKUDURGAPRASAD Counsel for the Respondents: GP 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.8003 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri Kunuku Durga Prasad, learned counsel for the petitioner and Sri K.Raji Reddy, learned Special Government Pleader for Tax for the respondents. The petitioner filed this Writ Petition, inter alia, seeking Writ of Mandamus assailing the action of the respondents in issuing the demand notices and Form No.4 dated 09.10.2007 for collection of the arrears of sales taxes for the assessment years 1992-93 to 1998-99 due by the Private Limited company against the director as illegal, arbitrary and contrary to the provisions of A.P.G.S.T. Act, 1957 (‘the Act’ for brevity). Since the said order is appealable one under the provisions of the Act, learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition. Permission is accorded. The Writ Petition is, accordingly, dismissed as withdrawn with liberty to the petitioner to avail the remedy available under law. No costs. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 28th April 2008 RRB