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Andhra Pradesh High Court - Amravati

Sbg Cleantech Projectco Private ... vs The State Of Andhra Pradesh on 6 November, 2020

Bench: C.Praveen Kumar, B Krishna Mohan

[ 3227 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

FRIDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

AND
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

 

IA No. 1 OF 2020
IN
WP NO: 20689 OF 2020
Between:

M/s.SBG Cleantech Projectco Private Limited, Survey No. 477, Kurnool Solar park,
Village Gani, District Kurnool, Andhra Prades- 518010, represented its Authorised

Signatory, Mr.Madhukiranreddy
...Petitioner(s)
(Petitioner in WP 20689 OF 2020
on the file of High Court)

AND

4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Ministry of
Commercial Taxes, Andhra Pradesh Secretariat, Amaravati.
2. The Commercial Tax Officer-l, Commercial Tax Department, Behind Central
Plaza, Near Ayappa Swamy Temple, Kurnool-518002
...Respondent(s)
(Respondents in-do-)

Counsel for the Petitioner: Sri. D.Satya Siva Darshan
Counsel for the Respondents: GP FOR COMMERCIAL TAX

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 stay all further
proceedings and consequential actions including the recovery of the Entry Tax pursuant
to the impugned order dated 13-10-2020 and impugned notice dated 13-10-2020,
pending disposal of the Writ Petition No. 20689 of 2020, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following:

ORDER:

Heard.

In view of the orders passed by this Court in W.P.No. 4997 of 2019 on 40.04.2019 and as the issue involved in the case on hand is identical to the one in the above writ petition, there shall be interim stay as prayed for subject to the petitioner depositing 25% of the amount demanded within a period of six weeks from today.

It is represented by the learned Government Pleader for Commercial Tax that the entire connected batch is listed after four weeks. Hence, post this matter after four weeks along with W.P.No. 4997 of 2019 and batch with an understanding that the main writ petitions itself will be heard on that day..

Sd/- A. SURYA PRAKASH RAO DEPU Mi il IITRUE COPYI/ secrt Lhe To, _ 4, The Principal Secretary, Ministry of Commercial Taxes, State of Andhra Pradesh, Andhra Pradesh Secretariat, Amaravati. .

2. The Commercial Tax Officer-l, Commercial Tax Department, Behind Central Plaza, Near Ayappa Swamy Temple, Kurnool-518002 (1 & 2 By RPAD) One CC to Sri.D.Satya Siva Darshan, Advocate [OPUC] Two CCs to GP for Commercial Tax, High Court Of Andhra Pradesh. [OUT] . Two spare copies aR w SRL HIGH COURT CPKJ & BKMJ DATED:06/11/2020 ORDER |.A.NO.1 OF 2020 IN WP.No.20689 of 2020 INTERIM STAY von a)