M/S Venkata Lakshmi Durga Sago Factory, v. The Commercial Tax Officer,

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM Writ Petition No.24658 of 2017 DATED:13-11-2017 Between:

M/s. Venkata Lakshmi Durga Sago Factory G. Kothuru Samarlakota Mandal East Godavary District Andhra Pradesh Rep. by its Managing Partner Mr. K. Narayana Rao ... Petitioner And The Commercial Tax Officer Peddapuram Circle 19-1-390, Sudha Colony Peddapuram East Godavari District Andhra Pradesh and others ... Respondents COUNSEL FOR THE PETITIONER: Mr. A.V.A. Siva Kartikeya, for Mr. E.V.V.S. Ravi Kumar COUNSEL FOR THE RESPONDENTS: Mr. Shaik Jeelani Basha, Special Standing Counsel for Commercial Taxes (AP) THE COURT MADE THE FOLLOWING:

CVNR, J & CKR, J WP 24658/2017 ORDER: (per the Hon'ble Sri Justice C.V. Nagarjuna Reddy) This writ petition is filed for issue of mandamus to set aside show cause notice dt.06.04.2016 issued by respondent No.1 proposing to levy of interest in a sum of Rs.6,93,937/- against the petitioner. At the hearing, learned counsel appearing for the petitioner submitted that during the pendency of this writ petition a final order was passed and that the original thereof was served on him by the learned Government Pleader on 06.11.2017. The learned counsel for the petitioner therefore submitted that his client may be permitted to avail the remedy of appeal before the first appellate authority. Inasmuch as the show cause notice has resulted in passing of a final order, the cause in the writ petition has become infructuous.

The writ petition is accordingly dismissed as infructuous, however, with liberty to the petitioner to avail the remedy of appeal against the order passed in pursuance of the impugned show cause notice. As a sequel to dismissal of the writ petition, W.P.M.P. No.30534 of 2017 shall stand disposed of as infructuous. __________________________ C.V.

CVNR, J & CKR, J WP 24658/2017