Marco Line Traffic Conrol Private Limited v. The State Of Andhra Pradesh, Rep By Its

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT W.P.No.20188 OF 2015 PC: (Per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the parties. The petitioner company in the instant writ petition has made the following prayer: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents 2 and 3 in not permitting the petitioner for utilization of petitioner's Heavy Goods Vehicle bearing R.No.

MH 50 3400 together with machinery comprising of Bergkamp M 212 micro surfacing Paver with standard accessories and Bergkamp VS8914 spreader Box with Bergkamp R86 Rut Box for micro surfacing work on short term basis in the state of Andhra Pradesh on payment of quarterly tax and insisting for the payment of life tax as arbitrary, malafide, illegal, improper, void, vitiated, unjust, unconstitutional and violative of Article 14, 19 (1) (g) and 21 of the Constitution of India and grant such other necessary relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

The respondents have filed counter affidavit. In paragraph 5 thereof, they made reference to G.O.Ms.No.43 dated 17.07.2015 clarifying that they shall collect annual tax in respect of construction equipment vehicles registered in other States for which tax is already paid in the Home State and intended to ply in Andhra Pradesh State for short duration.

In view of the averments in the counter affidavit, learned counsel for the petitioner submits that the petitioner is prepared to pay the annual tax as per G.O.Ms.No.43 dated 17.07.2015. His statement is recorded and accepted.

With these observations, writ petition is disposed of.

Consequently, miscellaneous petitions, if any pending, also stand disposed of.

_____________________ DILIP B. BHOSALE, ACJ ___________________ S.V.BHATT, J Date: 04.08.2015 Stp/Lrkm