IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.7868 of 2004 Between: Chinnam Pandurangam, S/o. Late Manniah, R/o.5-29, Taranagar, Serilingampalli Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The Mandal Revenue Officer, Serilingampally Mandal, R.R. District. 2 M. Ravindra Babu, Mandal Revenue Officer, Serilingampally Mandal, Ranga Reddy District. 3 Chinnam Narsimlu S/o. Late Manaiah, Taranagar (v) Serilingampally Mandal, Ranga Reddy 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 may be pleased to issue any appropriate Writ, Order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records of respondent No.1 herein in proceedings No.B/412/01 dated 16.3.2004 and quash the same as arbitrary, illegal, without jurisdiction, violative of principles of natural justice and nonest in the eye of law. Counsel for the Petitioner: MR.V.TULASI REDDY Counsel for the Respondents: GP FOR REVENUE MR. K. RAMA MOHAN MAHADEVA The Court made the following: ORDER: This writ petition is filed questioning the proceedings dated 16.03.2004 issued by the 1st respondent- Mandal Revenue Officer, Serilingampally Mandal, Ranga Reddy District, ordering mutation of the names of the petitioner and the 3rd respondent in the revenue records in respect of 0.06 gts. and 0.29 gts. respectively, out of an extent of 0.35 gts. in Sy.No.346 of Chandanagar Village, Serilingampally Mandal of Ranga Reddy District. There is no necessity of going into all the details. Admittedly, no individual notice was issued to the petitioner before issuing the impugned proceedings, as required under Section 5 (3) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘the Act’). But however, since the respondents have taken a stand that no individual notice is necessary and a general notice is sufficient and placed reliance on the judgment of a Division Bench of this Court in B.G. Laxman (died) per L.Rs. v. District Collector, R.R. District and others[1], a learned Single Judge of this Court, who heard this matter earlier, opined that the question ‘whether Section 5 (3) of the Act mandates an individual notice to the affected persons’ requires reconsideration and, therefore, by order dated 18.01.2005, directed the matter to be placed before the Hon’ble the Chief Justice for appropriate orders as to consideration of the matter by an appropriate Bench. Thereafter, pursuant to the orders of the Hon’ble the Chief Justice, a Larger Bench of this Court considered the question ‘whether the judgment of the Division Bench referred to above runs contrary to the plain language of Section 5 (3) of the Act and requires reconsideration’, and held that the judgment of the Division Bench does not lay down correct law, and, accordingly, directed the matter to be placed before the appropriate Single Bench, by judgment dated 11.07.2007 reported in 2007 (6) ALT 134. Pursuant thereto, the matter came up for hearing before this Court. In view of the aforesaid decision of the Larger Bench of this Court, as fairly conceded by the learned counsel on either side, the impugned proceedings are liable to be set aside and the matter has to be reconsidered by the 1st respondent, after issuing individual notice to all the parties. Accordingly, the impugned proceedings dated 16.03.2004 are set aside and the matter is remanded to the 1st respondent for consideration afresh and for passing appropriate orders as per law, after issuing individual notices to all the affected parties and inviting objections, if any, from them. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. _________________ JUSTICE C.V. RAMULU 21st July, 2009. IBL [1] 2003 (1) ALT 3 (D.B.)