Allowed

M/s Kera Sinters Ltd., (In Liqn) v. The Sub-Registrar

Telangana HC28 Feb 2012COMPA/3/2012

Case brief

AI extract

What is this about?

In a company application, the court permitted the liquidator to withdraw proceedings concerning specific land parcels (Sy.Nos. 267, 269, 270) due to possession/title discrepancies. However, the court directed the Sub-Registrar to register documents regarding 3.29½ guntas of private patta land owned by the liquidated company.

What did the court decide?

Liberty accorded to withdraw the company application with liberty to file a separate application regarding lands in Sy.Nos. 267, 269 and 270. Sub-Registrar directed to examine registration documents f

M/s Kera Sinters Ltd., (In Liqn) Vs The Sub-Registrar — Company and Corporate | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN

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COMPANY APPLICATION No. 3 of 2012 IN

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R.C.C.No.9 of 1994

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ORDER:

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An additional affidavit is now filed by the Revenue Divisional Officer, Bhongir Division, Nalgonda District (respondent No.2) stating that an extent of Ac.1.17 guntas in Sy.No.269, being ceiling surplus land, was assigned in favour of Sri Baddam Samba Shiva Reddy who, in turn, sold the aforesaid extent to Sri Chalama Charyulu under registered document No.854/83 dated 04.07.1983;

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Sri Chalama Charyulu, having sold Ac.0.16 gts. and Ac.0.19 gts. of the aforesaid land in favour of the applicant and M/s.Andhra Centre under registered document Nos.36/1984 and 938/84 respectively, had retained the balance extent of Ac.0.22 gts.; and the Tahsildar had issued notice, under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, (A.P. Act 9 of 1977), and had resumed the land vide proceedings dated 21.01.2012.

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With regards Ac.9.19 gts. of land in Sy.No.268, it is stated that the said land is private patta land which, even according to the revenue records, was owned by the company under liquidation, out of which, the company under liquidation had sold an extent of Ac.3.29½ gts. in favour of M/s. Krishna Realtors pursuant to an order of this Court.

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Since the land in Sy.No.268 evidently stands in the name of the company under liquidation, and as respondent No.2 also admits that the company under liquidation is the

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pattedar and in occupation of the said land, the Sub-Registrar, Bibinagar, Nalgonda District (respondent No.1) shall, on receipt of documents for registration of Ac.3.29½ gts., examine the said documents, and consider registration thereof in accordance with law, within a period of two months from today.

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In so far as an extent of Ac.0.16 gts. of land in Sy.No.269 is concerned, respondent No.2 would state that the entire extent was assigned in favour of others from whom the company under liquidation had purchased an extent of Ac.0.16 gts. With regards the lands in Sy.Nos.267 and 270, even though respondent No.2 admits that these lands are private patta lands, the names of the pattedars and those in occupation, as per the revenue records, is different; and the name of the company under liquidation is not reflected either in t he pattedar column, or in the possessors column, of the revenue records.

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S r i M.Anil Kumar, Learned Counsel for the Official Liquidator, seeks permission of this Court to withdraw the company application with liberty to file a separate application in so far as the lands in Sy.Nos.267, 269 and 270 are concerned.

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Liberty is accorded.

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The Company Application is disposed of accordingly.

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RAMESH RANGANATHAN,J

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Date:28.02.2012 usd

M/s Kera Sinters Ltd., (In Liqn) v. The Sub-Registrar

Case brief

What is this about?

What did the court decide?

M/s Kera Sinters Ltd., (In Liqn) v. The Sub-Registrar

Case brief

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