A.P. Rights in Land and Pattadar Pass Books Act, 1971 – S.5(3) – Rules 5 & 19 – Amendment of Record of Rights – Notice – Scope – Issuance of written notice to persons whose names are entered in Record of Rights and who are interested or affected – Mandatory – Condition precedent – Publication in Form-VIII – Only supplementary – Not a substitute for individual notice – Non-compliance – Violation of principles of natural justice – Proceedings vitiated – Order liable to be declared nullity. (Paras 6, 7, 9, 10 & 11, 12)

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 A.P. Rights in Land and Pattadar Pass Books Act, 1971 – S.5(3) – Rules 5 & 19 – Amendment of Record of Rights – Notice – Scope – Issuance of written notice to persons whose names are entered in Record of Rights and who are interested or affected – Mandatory – Condition precedent – Publication in Form-VIII – Only supplementary – Not a substitute for individual notice – Non-compliance – Violation of principles of natural justice – Proceedings vitiated – Order liable to be declared nullity. (Paras 6, 7, 9, 10 & 11, 12)

Sections 4 and 5 of the Act read with Rules 5 and 19 make it obligatory on the recording authority, before effecting any amendment in the Record of Rights, to issue notice in writing to all persons whose names are entered in the Record of Rights and who are interested in or likely to be affected, and to consider their objections after due enquiry – The proviso to Section 5(1) and Section 5(3) embody the principles of natural justice, particularly audi alteram partem, and confer a substantive right of hearing on affected parties – The requirement of issuing written notice is mandatory and constitutes a condition precedent for valid exercise of power (Paras 6 & 7).

The statutory scheme makes a clear distinction between issuance of written notice and publication of notice – Publication in Form-VIII is only supplementary and cannot substitute individual notice to affected persons – Both requirements operate independently and must be complied with (Paras 7 & 11).

Failure to give due effect to the expression “issue notice in writing” defeats the plain language and legislative intent of Section 5(3) – Interpretation dispensing with individual notice is erroneous and unsustainable (Para 9).

A person whose name already exists in the Record of Rights has a valuable right to object to any proposed amendment – Any order passed without issuing notice and without affording opportunity of hearing is vitiated for violation of principles of natural justice and is liable to be declared a nullity – Such requirement applies equally to administrative, quasi-judicial and judicial actions affecting rights (Para 10).

Held, issuance of individual notice is mandatory and non-compliance renders the proceedings void – Contrary view in earlier Division Bench judgment held not to lay down correct law (Para 12).