Wp/5827/2009 Of Yeturu Bio Tech Limited, Yeturu 843, Banjara Avenue v. Commissioner Of Income Tax-Iii

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRILTWO THOUSAND AND NINE PRESENTTHE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICEand THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 5827 of 2009 Between: Yeturu Bio Tech Limited, "Yeturu" 843, Banjara Avenue, BanjaraHills, Hyderabad, A.P. represented by its Managing Director, Y.Sirish Reddy S/o.Y. Ramachandra Reddy aged29 years. ..... PETITIONER AND 1 Commissioner of Income Tax-III Hyderabad. 2 Dy. Commissioner of Income Tax, Circle -3(3), Hyderabad. 3 Commissioner of Income Tax (Appeals)-IV, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a writ, order or direction one in the nature of Writ ofMandamus declaring the action of the respondents in taking coercivesteps for the recovery of a sum of Rs.2,05,90,220/- pending disposal ofappeal before the Commissioner of Income Tax (Appeals)- IV, Hyderabadfor the Assessment Year 2006-07 as bad in law, arbitrary and violative ofArt. 14 of the Constitution of India, and consequently set aside the noticedated 27.02.2009 issued by the 2nd respondent, Dy. Commissioner ofIncome Tax, Circle-3(3), Hyderabad, U/Sec. 226(3) of the Income Tax Act,1961 and pass. Counsel for the Petitioner:MR.A.V.KRISHNA KOUNDINYA Counsel for the Respondent No.: MR.B.N.SARMA The Court made the following : THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICEand THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO: 5827 of 2009 ORAL ORDER: (Per Sri Anil R. Dave, CJ) Learned advocate appearing for the petitioner has submittedthat during the pendency of the writ petition, he has been affordedsome protection by the respondent – authorities and therefore seekspermission to withdraw the petition. The writ petition stands disposed of as withdrawn with no orderas to costs. ___________________ ANIL R. DAVE, CJ 21[st] April, 2009asp _____________________________RAMESH RANGANATHAN, J