WP/18919/2005 of M/s. Mahesh Traders Vs The Dy. Commercial Tax Officer No.II on 26 December 2005

THE HON’BLE SRI JUSTICE BILAL NAZKI

AND

THE HON’BLE SRI JUSTICE C.V.RAMULU

WRIT PETITION Nos. 18917, 18918 & 18919 OF 2005

26-12-2005

Between:

M/s.Sairam Trading Co., Uppugundur, Prakasam District,Rep. by its proprietor & others.

And

………Petitioners

The Deputy Commercial Tax Officer No.-II, Ongole & others.

……..Respondents

THE HON’BLE SRI JUSTICE BILAL NAZKI

AND

THE HON’BLE SRI JUSTICE C.V.RAMULU

WRIT PETITION Nos. 18917, 18918 & 18919 OF 2005

COMMON ORDER:(Per Hon’ble Sri Bilal Nazki, J)

Heard learned counsel for the parties. Counters have been filed.

The grievance of the petitioners in these petitions is that notices wereissued to them without assessment orders. However, learned Counsel for therespondents submits that notices were consequential to the assessment ordersand the petitioners submits that no such orders were ever served on them. Itappears that there is some truth in it, because, the learned GovernmentPleader submits that the orders were sent by Registered Post, which werereturned and thereafter, notices were served by affixation.

In this view of the matter, the writ petitions can be disposed of bydirecting the respondents to serve orders on the petitioners within a period ofone week from today, either directly to the petitioners/assessees or throughtheir Counsel, who may thereafter, file appeals within three weeks, as theorders appears to be appellable. For a period of three weeks from today,coercive steps may not be taken against the petitioners for recovery of theamount. The appeals shall be entertained by the appellate authority, if filedwithin three weeks from today.

Writ petitions are accordingly disposed of. No order as to costs.

26[th] December 2005

ajr

________________

(BILAL NAZKI, J)

________________(C.V. RAMULU, J)