Wp/10400/2009 Of M/S. P.l. Reddy And Co v. Additional Commissioner Of Income Tax

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULYTWO THOUSAND AND NINE PRESENTTHE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVEAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10400 of 2009 Between: M/s. P.L. Reddy & Co. having its office situated at D.No.6-3-662/4, Dwaraka Nivas, Jaffar Ali Bagh, Somajiguda, Hyderabad,represented by its partner Sri P.L. Reddy. ..... PETITIONER AND 1 Additional Commissioner of Income Tax, Circle-6(1), 7th Floor, D-Block, I.T. Towers, A.C. Guards, Hyderabad. 2 The Executive Engineer, P.R. Division, Kadapa. 3 The Executive Engineer, R&B, Tirupathi. 4 The Superintending Engineer, Irrigation Circle, I & CAD Department, Kadapa. 5 M/s. Booratnam Construction Co. Pvt. Ltd., 7-3-720, R.P. Road, Secunderabad. 6 The Executive Engineer, R&B, Pulivendula. 7 The Executive Engineer, (R&B) N.H. Division, Kadapa. 8 The Executive Engineer, (R&B) Division, Madanapalli. 9 The Executive Engineer, P.R. Division, Kadapa. 10 The Executive Engineer, Panchayat Raj, Chittoor. 11 The Dy. General Manager (COC & DC-IV), Singareni Colleries Co. Ltd., Manugur, Khammam District. 12 The Dy. General Manager (COC & DC-IV) Singareni Colleries Co. Ltd., Kothagudem Khammam Dist. 13 The Branch Manager, Bank of Maharastra, Khairatabad Branch, 6-2-975, 1st Floor, Kushal Towers, Khairatabad, Hyderabad. 14 The Branch Manager, Bank of Maharastra, Tirupathi Branch, 18-1-602, V.V.Mahal Road, Tirupati. 15 The Executive Engineer, P.J.P. Executive Division No.3, Pebbair, Mahabubnagar District. 16 The Executive Engineer, R&B, Tirupati. .....RESPONDENTS Petition under Article 226 of the constitution of India prayingthat in the circumstances stated in the Affidavit filed herein the HighCourt will be pleased to issue a writ, direction or order especially inthe nature of Writ of Certiorari or any other appropriate writ, order ororders declaring that the Order of the 1st Respondent under Section220(3) of the Income Tax Act, 1961, vide No. AACFP 9057 G/R-6/2006-07 dated 2nd March, 2009 in contrary to the instructionsissued by the Central Board of Direct Taxes vide circular Nos.334dated 3.4.1982 and 530 dated 6.3.1989 as substituted by CircularNo.589 dated 16.01.1991 rejecting stay petition filed by the Petitioneras irrational, Prejudicial, arbitrary, unfair, and against principles ofnatural justice and equity and to quash such order of rejection of staypetition as the rejection of stay petition filed by the petitioner hasresulted in abuse of process of law. Counsel for the Petitioner: MR. S. ARUN KUMAR Counsel for the Respondent No.1: MR. B. NARASIMHA SARMA Counsel for the Respondent Nos.2 to 16: - The Court made the following : ORDER: (per the Hon’ble the Chief Justice Sri Anil R. Dave) Learned Advocate appearing for the petitioner seekspermission to withdraw the petition. Permission is granted. The petition stands disposed of aswithdrawn with no order as to costs. _____________ ANIL R. DAVE, CJ 29-07-2009 ______________________ RAMESH RANGANATHAN, J bnr