The Etikoppaka Co-Operative Agricultural And Industrial v. Commercial Tax Officer, New Colony, Anakapalle,

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SRI JUSTICE A. SHANKAR NARAYANA WRIT PETITION No.9403 OF 2004 ORDER: (Per Hon'ble The Acting Chief Justice Ramesh Ranganathan) This Writ Petition is filed to declare the order of the Additional Commissioner (CT) (Legal), Hyderabad dated 05.05.2004, rejecting the petitioner's application for grant of stay of collection of disputed tax pending disposal of the appeal before the Appellate Deputy Commissioner, as arbitrary and illegal. Sri S. Suri Babu, learned Special Standing Counsel for Commercial Tax, on instructions, submits that the appeal before the Appellate Deputy Commissioner itself has been disposed of. The order under challenge in this writ petition is an order refusing to grant stay pending disposal of the appeal before the Appellate Deputy Commissioner and, as the appeal has itself been disposed of, the cause in this writ petition does not survive, and the writ petition has become infructuous.

The Writ Petition is, accordingly, dismissed as infructuous. No costs. As a sequel thereto, miscellaneous petitions, if any, pending, in the writ petition stand closed.

________________________________ RAMESH RANGANATHAN, ACJ ________________________________ A. SHANKAR NARAYANA, J November 3, 2016.

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