G. YETHIRAJULU, J.

( 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:"whether Rule 5 of the A. P. Buildings (Lease, Rent and Eviction) Control Rules, 1961 is mandatory and directory?" the same question was posed by a learned single Judge of this Court in C. R. P. No. 142 of 2001 by referring the matter to a division Bench. A Division Bench of this Court by relying on a judgment of the Supreme Court in N. D. Thandani (Dead) by l. Rs. v. Arnavaz Rustom Printer, 2004 1 ALD 29 (SC ). answered the reference by holding as follows: "rule 16 is nothing but an offshoot of Rule 5, wherein the procedure for giving notice has been stipulated. Under those circumstances the reference does not require any further elaboration in view of the judgment of the Supreme Court in N. D. Thandani s case (1 supra ). Since Rule 16 of the Rent Control Rules is a rule of Procedure which is prescribed under Rule 5, it automatically has to be declared as mandatory, otherwise it would have the effect of diluting the rigour of Rule 5. "

( 2 ) THE Division Bench ultimately answered the reference by holding that Rule 5 and Rul

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