1 APHC010283072009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 28458/2009 Between: 1. M/S. V.K.P. TYRES & RETREADERS, A.S. PETA, ITCHAPURAM, KASIBUGGA CIRCLE 1-10-8/6, SRIKAKULAM DISTRICT, REP. BY ITS PROPRIETOR MR. V.V.NARASIMHAM ...PETITIONER AND 1. THE COMMERCIAL TAX OFFICER, KASIBUGGA 2. THE DEPUTY COMMISSIONER CT, VIZIANAGARAM ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toissue a writ of Certiorari or any other appropriate writ or order or direction quashing the order of 2nd respondent dt. 2-7-2009 and the consequential order of the 1st respondent dt. 25-11-2009 for the assessment year 2004-05 received by the petitioner on 7-12-2009 as illegal, arbitrary and implementing Section 5-G(4) of APGST Act which is struck down by this Hon'ble Court in Maruti Constructions case reported in 10 VST Page 162 and consequently set aside both the orders of 1st & 2nd respondents and initiate appropriate action against the 2nd Respondent for his deliberate attempt to disobey the law declared by the Hon'ble Court and also award exemplary costs to the petitioner since the petitioner made to suffer for the illegal and high handed action and pass 2 IA NO: 1 OF 2009(WPMP 37027 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings pursuant to the impugned order dt. 2-7- 2009 passed by the 2nd respondent and also the consequential order of the 1st respondent dt. 25-11-2009 for the assessment year 2004-05 pending disposal of the writ petition as otherwise the petitioner will be put to severe loss and hardship. Counsel for the Petitioner: 1. KARTHIK RAMANA PUTTAMREDDY Counsel for the Respondent(S): 1. GP FOR COMMERCIAL TAX 3 The Court made the following order: (per Hon’ble Sri Justice R. Raghunandan Rao) The issues raised in present Writ Petition are similar to the issues raised in Writ Petition No.28460 of 2009 filed by the petitioner. 2. In that view of the matter, this Writ Petition is disposed off in terms of the Order of this Court dated 29.01.2025 in Writ Petition No.28460 of 2009. As a sequel, interlocutory applications pending, if any shall stand closed. _______________________ R RAGHUNANDAN RAO, J ________________ T.C.D.SEKHAR, J CMK/SSA 19.01.2026 4 80 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.28458 of 2009 (per Hon’ble Sri Justice R Raghunandan Rao) 19.01.2026 CMK/SSA