Syed Zameer v. Dy.Commercial Tax Officer,Guntur Dist,And 3

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY SECOND DAY OF JUNE, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE G.CHANDRAIAH AND THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WP .NO: 13560 of 2015 Between:

Syed Zameer, S/o, Syed Azzam, Aged about 62 years, Occu. Business, Proprietor of Vishnu Priya Chilies, R/o, 22-11-83, Thunuguntlavari Street, Lalapet, Guntur District. ..... Petitioner AND 1 The Deputy Commercial Tax Officer-1, Guntur, Lalapet Circle, Guntur District.

2 The Commercial Tax Officer, Guntur District, Andhra Pradesh. 3 The District Collector, Guntur District, Andhra Pradesh. 4 The State of Andhra Pradesh, Represented by its Secretary, Revenue Dept. (CT), Secretariat, Hyderabad.

.....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate Writ, order, or direction, more particularly one in the nature of writ of Mandamus declaring the impugned demand notice in Form No-IV, Dated:- 8-12-2014, for alleged arrears of Sales tax for the years 20022003, 2003-2004, 2004-2005, 2005-2006 as arbitrary, illegal, unjustified and contrary to the provisions of Andhra Pradesh General sales tax act-1957. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri G. Suresh Goud, Advocate for the Petitioner and G.P. for Commercial Taxes (AP) for the Respondents, the Court made the following ORDER:

By order dated 01.05.2015 this Court directed the respondents to produce the records relating to the assessment orders passed against the petitioner.

Today when the matter is taken up, the learned Government Pleader seeks further time to produce the records.

Considering the fact that auction of the petitioner's properties is

scheduled to be held today, we are inclined to grant stay of auction. Accordingly there shall be stay of auction until further orders. Post the WP for orders on 29.06.2015.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Deputy Commercial Tax Officer-1, Guntur, Lalapet Circle, Guntur District.

2 The Commercial Tax Officer, Guntur District, Andhra Pradesh. 3 The District Collector, Guntur District, Andhra Pradesh. 4 The Secretary, Revenue Dept. (CT), State of Andhra Pradesh, Secretariat, Hyderabad.

(Addressees 1 to 4 BY RPAD) 5 One CC to Sri G. Suresh Goud, Advocate (OPUC) 6 Two CCs to the G.P. for Commercial Taxes (AP), High Court, Hyderabad. (OUT) 7 Two spare copies.

nnr HIGH COURT GC,J & CKR,J

DATED: 22-6-2015 NOTE: Post WP for orders on 29-06-2015

ORDER

W.P.NO. 13560 OF 2015 DIRECTION HIGH COURT Nnr Date of Drafting : 24-06-2015

GC,J & CKR,J DATED: 22-6-2015 NOTE: Post WP for orders on 29-06-2015

ORDER

W.P.NO. 13560 OF 2015 DIRECTION