WA/639/2026 of B. Seshu Brahmaji Vs The State of Andhra Pradesh on 27 September 2026

1. B. Seshu Brahmaji, S/o Rajendra Prasad Aged about 36 years, Senior Assistant @ O/o Chief Commissioner of State Tax (CCST), Kunchanapalli, Gunturu District, Andhra Pradesh R/o Friends Residency Apartment, Tadepalli Guntur District Andhra Pradesh 522501 ...Petitioner AND

1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Commercial Tax), Secretariat Building, Velagapudi, Amaravati-522238

2. The Chief Commissioner of State Tax, Govt, of Andhra Pradesh, Kunchanapalli, Gunturu District- 522501

3. The Joint Commissioner ST, Vizianagaram Division- 535002 ...Respondents Counsel for the Petitioner: K ANJANA RAMA KAMESWARI Counsel for the Respondents: GP FOR SERVICES I

NJS, J & TCDS, J WA.No.639 of 2026

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR Writ Appeal No:639 of 2026 The Court made the following Judgment:(per Hon’ble Sri justice Ninala Jayasurya)

Heard learned counsel for the appellant. Also heard Mr. Kocharla Kota Ramalingeswara Rao, learned Government Pleader for Services-II representing the respondents.

2. The present Writ Appeal is preferred against the docket order dated 07.05.2026 of the Writ Court which reads as follows:

“In view of the urgency expressed by the learned counsel for the petitioner, list this matter before the first Vacation Court i.e., on 14.05.2026.

Learned Government Pleader is directed to get instructions in the meantime.”

3. The grievance of the appellant/petitioner is that the request for interim relief was not considered and the matter was adjourned. Be that as it may.

4. A Division Bench of this Court, at the time of considering the matter on 08.05.2026 granted suspension of the order impugned in the Writ Petition, however, subject to maintainability of the appeal. Subsequently, the order was extended till further orders on 18.06.2026.

5. Today when the matter is taken up for consideration, learned Government Pleader for Services-II submits that counter-affidavit is ready and the same will be filed in the due course.

6. However, the merits of the matter in the Writ Petition is required to be considered by learned Writ Court. Therefore, with the consent of learned counsel on both sides, we deem it appropriate to relegate the appellant/writ petitioner to the Writ Court, more particularly as it is stated that counter- NJS, J & TCDS, J WA.No.639 of 2026

affidavit of the respondents is ready. Needless to observe that, it is open to the respondents in the Writ Petition to file a petition to vacate the interim orders, if it is so advised.

7. Interim orders granted in the Writ Appeal shall continue till appropriate orders are passed in the vacate stay petition that may be filed by the respondents.

8. Accordingly, Writ Appeal is disposed of.

9. Registry to place the Writ Petition before the appropriate Court having the Roster of service matters.

No costs. Miscellaneous petitions pending, if any, shall stand closed.

__________________________ JUSTICE NINALA JAYASURYA

_____________________ JUSTICE T.C.D.SEKHAR Date:28.09.2026 SZT/Ksj