Neutral Citation No. - 2025:AHC:114719 Court No. - 5 Case :- WRIT - A No. - 9712 of 2025 Petitioner :- Bal Kapoor And 10 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shashi Kumar Mishra Counsel for Respondent :- C.S.C.,Ramanand Gupta Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Shashi Kumar Mishra, learned counsel for petitioners and Sri Ramanand Gupta, learned counsel for respondent Nos.5 and 6. The petitioners (11 in numbers) are employees of Nagar Palika Parishad, Etah and working on different posts. They have been allotted respective accommodation by the said authority, however, admittedly no rent was paid. HRA was already stopped with effect from the date of allotment. Learned counsel for petitioners submits that now by impugned letter dated 18.03.2025 with effect from March 2025, 10% of basic salary is directed to be deducted towards monthly rent as well as so far as prior recovery dues is concerned, a direction is passed to calculate the amount to be recovered. Learned counsel for petitioners submits that petitioners were never put on notice and it will be have adverse affect, if a huge amount is now recovered. Learned counsel for respondents submits that impugned order is passed on basis of a report of Three Member Committee as well as Uttar Pradesh Government Manual and he refers order passed under Rule 45-क (3) that :- "(क)(i) भवन कका ककरकायका जजो उपयररक्त उप कनयम 3 मम पररभकाकषित मकानक ककरकायका हजोगका यका उसककी मकाससक पररलबबब्धिययों कका 10 प्रकतशत, इनमम ससे जजो भभी कम बबैठसे। (ग)(1)(ii) ककसभी भभी सरककारभी कमरचकारभी ससे जजो ककरकायका सलयका जकायसे वह उसकजो मकाससक पररलबबब्धिययों कसे 10 प्रकतशत ससे असब्धिक न हजो।" Learned counsel for petitioner has not disputed above provision, however, submits that it appears that calculation is wrongly made in terms of said provision. I have considered above submission, and perused the record. As referred above, petitioner have already stayed at their respective allotted house without paying a single penny for many years. There is no dispute that petitioners are liable to pay rent in terms of above referred provisions, though the calculation can be disputed, therefore, a liberty is granted to petitioners to approach the concerned respondent qua to dispute in regard to calculation of rent w.e.f. March, 2025, which will be considered by the respondent in a reasonable period. So far as recovery is concerned, since it is still not calculated, therefore, it is directed that petitioners can file separate representations qua to manner and quantum of recovery as well as to show that there is a legal impediment to recover the said amount after substantial period. The said representations will also be considered by respondent and a reasoned decision be communicated to petitioners preferably within a period of 8 weeks. The Court hopes that during period of consideration, they will not enforce the recovery. Accordingly, writ petition is disposed of with aforesaid observation. Order Date :- 16.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad