APHC010273222026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3562] THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 14600/2026 Between: 1. P R CH KUMAR, S/O P.KRISHANA APPA RAO, AGED 56 YEARS, OCC ASST. EXCISE SUPERINTENDENT, O/O. EXCISE SUPERINTENDENT, SRIKAKULAM. 2. N.SREENIVASA RAO,, S/O LATE N.SRI RAMULU, AGED 59 YEARS, OCCASST. EXCISE SUPERINTENDENT, O/O. I M L DEPOT, ETCHERLA, SRIKAKULAM DISTRICT. 3. S.KARANAM SURESH, S/O LATE PENTANNAIDU, AGED 57 YEARS, OCC ASST. EXCISE SUPERINTENDENT, O/O. ASST. COMMISSIONER FOR ENFORCEMENT, ANAKAPALLY. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE (EX.I) DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT.522238 2. THE COMMISSIONER OF PROHIBITION EXCISE, AP, MANGALAGIRI, GUNTUR DISTRICT.522503 3. THE DEPUTY COMMISSIONER OF PROHIBITION EXCISE, BIRLA JUNCTION, VISAKHAPATNAM.530001 ...RESPONDENT(S): -2- W.P. No.14600 OF 2026 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 toHonble Court may be to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in not implementing final orders passed by the Honble AP Administrative Tribunal in OA.No.2540/2017, dated 1-9-2017 and the same orders was confirmed by the a Division Bench of this Honble High Court in WP.No.31902/2017, dated 20-1-2026 as illegal, arbitrary and unconstitutional and consequentially the Honble High Court may pleased direct the respondents herein to implement the orders in in OA.No.2540/2017, dated 1- 9-2017 and re-fix the seniority of the petitioners and promtees in the cadre of Proh. Excise Sub-Inspectors in Zone-1 as per the Govt.Memo.No. 310986/ Ex.l(l)/2016, dated 3-2-2017 and consequential CR.No. 4606/ 23016/ CPE/ Cl, dated 08-2-2017 and also review further promotions accordingly and may pass IA NO: 1 OF 2026 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 leased to direct the respondents herein to implement orders in OA.No.2540/2017, dated 1-9-2017 and the Govt. Memo.No. 310986/Ex.l(l)/2016, dated 3-2- 2017 and consequential CR.No. 4606/ 23016/ CPE/Cl, dated 08-2-2017 issued by the 1st and 2"^' respondents herein and re-fix the seniority of the petitioners in the cadre of Prohibition & Excise Sub- Inspectors in Zone-1 consequential promotions also, pending disposal of Writ Petitioner and may pass Counsel for the Petitioner(S): 1. M R TAGORE Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: -3- W.P. No.14600 OF 2026 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 14600/2026 ORDER: (per Hon’ble Sri Justice Ravi Nath Tilhari) 1. Heard Sri M.R.Tagore, learned counsel for the petitioners and Sri G. Raju, learned Government Pleader for Services-I appearing for the respondents. 2. The case of the petitioners is that the Government issued a Memo being Memo No.310986/Ex.I(1)/2016, dated 03.02.2017, regarding re- fixation of seniority in the cadre of Prohibition & Excise Sub-Inspectors in Zone-I duly fixing the vacancies between Direct Recruits and Promotees by following rota/quota principle. Challenging the said memo, certain applicants filed O.A.No.2540 of 2017 before the A.P. Administrative Tribunal, Hyderabad. The said O.A. was dismissed on 01.09.2017. Aggrieved thereby, the applicants filed W.P. No.31902 of 2017 before this Court. The said writ petition was also dismissed by a co-ordinate Bench of this Court on 26.01.2026. The present writ petitioners were impleaded in the said writ petition as respondents 4 to 6 pursuant to their application for impleadment. 3. The present writ petition has been filed seeking implementation of the order of the Tribunal as affirmed by this Court. The order of the Tribunal is of the dismissal of the O.A. filed by the applicants (other than the -4- W.P. No.14600 OF 2026 parties in the present writ petition) and the same was affirmed by this Court in W.P. No.31902 of 2017. Since both the O.A. and the writ petition were dismissed, there is no positive direction requiring implementation. Consequently, we are of the view that no question of implementation of the order of Tribunal arises either at the instance of the present petitioners or at the instance of any other person. 4. At this stage, learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition as not pressed. 5. Learned Government Pleader appearing for respondents reports no objection. 6. Accordingly, the writ petition is dismissed as withdrawn. However, the petitioners are at liberty to avail such remedies as may be available to them under law with respect to the aforesaid memo. No costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________________ JUSTICE RAVI NATH TILHARI ____________________________ JUSTICE SUBHENDU SAMANTA BV