Telangana High Court
WP/27387/2005 of M/s. Raj Brothers, Vs The Deputy Commercial Tax Officer, on 26 December 2005
SRI JUSTICE BILAL NAZKI AND THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 27387 OF 2005 26-12-2005 Between: M/s.Raj Brothers, Governorpet, Vijayawada, rep. by its Proprietor. ………Petitioner And The Deputy Commercial Tax Officer, Governorpet, Vijayawada
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THE HON’BLE SRI JUSTICE BILAL NAZKI
AND
THE HON’BLE SRI JUSTICE C.V.RAMULU
WRIT PETITION No. 27387 OF 2005
26-12-2005
Between:
M/s.Raj Brothers, Governorpet, Vijayawada, rep. by its Proprietor.
And
………Petitioner
The Deputy Commercial Tax Officer, Governorpet, Vijayawada &Others.
……..Respondents
THE HON’BLE SRI JUSTICE BILAL NAZKI
AND
THE HON’BLE SRI JUSTICE C.V.RAMULU
WRIT PETITION No. 27387 OF 2005
ORDER:(Per Hon’ble Sri Bilal Nazki, J)
Heard learned Counsel for the parties. With their consent, theWrit Petition is being disposed of at this stage.
The controversy is that pending an appeal, application for staywas dismissed by the competent authority. We have gone throughthe record. We feel that the interest of justice would have been met ifstay was granted pending appeal, subject to deposit of half of thedisputed liability. Therefore, we set aside the order of the authorityand direct that half of the disputed tax liability shall be paid by thepetitioner within a period of four weeks. For four weeks, there shall bean unconditional stay and the stay shall continue till disposal of theappeal, provided the amount is deposited within four weeks. Thedeposit of amount shall be without prejudice to the rights of thepetitioner in the appeal.
Writ Petition is disposed of accordingly. No costs.
26[th] December 2005
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(BILAL NAZKI, J)
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(C.V. RAMULU, J)