IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Mr. JUSTICE GHULAM MOHAMMED and THE HON'BLE Mr. JUSTICE C.V.RAMULU WRIT PETITION No.20297 of 1999 Between: K.Janardhan Reddy S/o.Venkata Subba Reddy Sullurpet Police Station, Nellore District ..... PETITIONER AND 1 The Superintendent of Police, Nellore, Nellore District 2 The Additional Superintendent of Police, Nellore, Nellore District 3 The Inspector of Police Gudur, Nellore District ....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 an appropriate writ, order or direction particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in passing the impugned order of recovery penal rent of Rs.30,367/- from the petitioner without giving any show cause notice and without affording any opportunity is arbitrary, illegal and set aside the impugned order in DO.No.825/99, Rc.No.2540/P2/99, Dt.11/8/1999 in so far as the petitioner is concerned and consequently direct the respondents not to recover any amount from the petitioner and pass such other order. Counsel for the Petitioner: Mr.K.MURALIDHAR REDDY Counsel for the Respondents: G.P. FOR SERVICES I The Court made the following : THE HON'BLE Mr. JUSTICE GHULAM MOHAMMED and THE HON'BLE Mr. JUSTICE C.V.RAMULU WRIT PETITION No.20297 of 1999 ORAL ORDER: (per GHULAM MOHAMMED,J) This Writ Petition is filed seeking to declare the action of the 2nd respondent in passing the Order in D.O.No.825/99, Rc.No.2540/P2/99, dated 11-8-1999 for recovery of penal rent of Rs.30,367/- as arbitrary and illegal and consequently to direct the respondents not to recover any amount from the petitioner. Questioning the said Order, petitioner has filed O.A.No.5686 of 1999 before the A.P. Administrative Tribunal on the ground that it was issued without any notice and without affording any opportunity to him. Along with the said O.A., an interlocutory application was filed seeking to stay the Order dated 11-8-1999. The Tribunal did not pass any interim orders. Hence, this Writ Petition. While admitting the Writ Petition on 7-10-1999, this Court granted interim stay of recovery of penal rent from the salary of the petitioner pursuant to the impugned Order dated 11-8-1999. The said order is still subsisting. Since the O.A. is pending, we do not want to go into the merits of the case. It is suffice to direct the Tribunal to dispose of O.A.No.5686 of 1999, within a period of two months from the date of receipt of a copy of this Order, if not already disposed of. Till such time, the interim order granted on 7-10-1999 shall be continued. With the above directions, the Writ Petition is disposed of. No order as to costs. _______________________ (GHULAM MOHAMMED,J) June 12, 2008 ____________ (C.V. RAMULU,J) prk