LINGA PENTAMMA Vs. T JAGADISHWAR RAO

JUDGEMENT

(1.) This is a reference made by a learned single Judge of this Court, Sri P.S.Narayana, by posing the following question to be considered:

(2.) The Division Bench ultimately answered the reference by holding that Rule 5 and Rule 16 of the Rent Control Rules are mandatory. The Supreme Court in N.D. Thandani's case (1 supra) observed thus:

(3.) The learned single Judge having referred the matter to the Division Bench for an authoritative pronouncement on the interpretation of Rule 5 whether mandatory or directory, once again referred the present matter to answer the same question. In the light of the Judgment of a Division Bench of this Court in C.R.P. No.142 of 2001, dated 22-04-2004, by relying on a Judgment of the Supreme Court in N.D. Thandani's case (1 supra), there is no need to examine the issue once again. We, accordingly, reiterate the Judgment given by a Division Bench of this Court in C.R.P. No.142 of 2001, dated 22-04-2004. The reference is, accordingly, answered. The Revision Petition shall be posted before appropriate Bench for disposal according to law.