IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 5139 of 1999 Between: 1 G.V.Naidu S/o. Agtom Das R/o. Asst. Director of Agriculture (Regular ) Paikaraopet, Visakhapatnam District. 2 P.Pedda Venkataswamy S/o. P.Venkanna R/o. Asst. Director of Agriculture(Training) Farmers Training Centre, Vijayawada, Krishna District. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep. by its Secretary, Finance & Planning Department, Secretariat, Hyderabad. 2 Asst. Director of Agrl. S.M. & A.R. Farm, Samarlakota, East Godavari District. 3 Asst. Director of Agrl. Soil Testing Laboratory, Samarlakot, East Godavari District. 4 Dy. Director of Agrl. Farmers Training Centre, East Godavari District. 5 The Principal, V.D.O. Training Centre, Samarlakot, East Godavari District. 6 Dist. Collector, Kakinada, E.G. District. 7 The Sub Treasury Officer, Peddapuram, E.G. District. 8 The Dist. Treasury Officer, Kakinada, East Godavari District. 9 The A.P. Admn. Tribunal, Hyderabad, Rep. by its Registrar, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction especially in the nature of Writ of Mandamus declaring the circular Memo.No.1563-A 132/PC.IV/96 dt. 8-7-97 issued by the 1st respondent as illegal, arbitrary and without jurisdiction as confirmed by the A.P. Administrative Tribunal at Hyderabad in O.A.No. 50 of 1997 dt. 11.2.98. Counsel for the Petitioner: MR.RAGHAVAN K THALAPAKA Counsel for the Respondent No.: . The Court made the following ORDER: HON’BLE SRI JUSTICE V.ESWARAIAH and HON’BLE SRI JUSTICE P.SWAROOP REDDY Writ Petition No.5139 of 1999 ORDER: (per Sri V.Eswaraiah, J) Heard the learned counsel for the petitioners. The cause espoused in this writ petition has already been a subject matter of W.P.No.17781 of 1998, which was disposed of by a Division Bench of this Court by order, dated 26.06.1998. The House Rent Allowance, which was hitherto paid, was sought to be recovered, but without notice. On the ground of violation of principles of natural justice, the order of recovery was set aside with liberty to reinitiate the proceedings and decide the matter after observing fair play and natural justice. Following the said judgment, the impugned order of recovery, which was upheld by the Andhra Pradesh Administrative Tribunal, is set aside with liberty to the respondents to initiate the proceedings, if they so choose, but observing principles of natural justice. It is made clear that henceforth the petitioners shall not claim the House Rent Allowance in excess of their entitlement. The writ petition is allowed to the extent indicated above. No costs. _________________ V.ESWARAIAH, J ______________________ P.SWAROOP REDDY, J Dt.16.06.2009 VGB