THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1570 of 2010 Dated : 22-06-2011 Between: M/s Mirra Packaging Rep.by its Proprietor Sardar Iqbal Singh …..Applicant and The Official Liquidator High Court of A.P. And six others. …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1570 of 2010 ORDER: This application has been filed by M/s Mirra Packaging, represented by its Proprietor Sardar Iqbal Singh, seeking direction to the Official Liquidator to forthwith take steps for removal of the encroachments and the 11 KV HT wires as well, so as to enable him to proceed with the development of the land. The petitioner/applicant is the auction purchaser of the land admeasuring Ac.10.13 cents at Plot No.8 & 9B comprising Survey Nos.29, 39, 40, 41 and 436 situated at Bandlaguda village, Patancheru Phase-I IDA Medak District, for Rs.17.70 crores, this Court, vide order dated 27.10.2010 passed in Company Application No.853 of 2010, permitted the Official Liquidator to handover the possession of the land to the auction purchaser- petitioner. The instant application has been filed by the auction purchaser seeking direction to the Official Liquidator for removal of the 11 KV HT wires that are passing through the land purchased by him. A further relief sought for, with regard to the removal of the encroachments in the said land. The Assistant Divisional Engineer, Medak District, and the District Collector, Sangareddy, Medak District and The Zonal Manager came to be impleaded as parties as per orders in Company Application No.36 of 2011. The 5th respondent-Assistant Divisional Engineer filed a counter resisting the present application. It is stated in the counter that poles came to be erected on the path way shown by the then Sarpanch and members of the Gram Panchayat. It is also stated in the counter affidavit that meetings have been held to work out a way for shifting the poles that are erected in the land owned by the company in liquidation. Heard the learned counsel appearing for the applicant and the learned Standing Counsel appearing for the 5th respondent and learned counsel appearing for the Official Liquidator. Learned counsel appearing for the applicant submits that the applicant submitted representations for removal of the poles that are erected in the land purchased by him without obtaining permission from the company in liquidation and his representations are not being considered by the 5th respondent. Per contra, learned counsel appearing for the 5th respondent submits that meetings were held to work out ways for shifting the poles that are erected in the company’s land and no consensus could be arrived at in the said meetings. Further, his further submission is that poles came to be erected on the path way shown by the then Sarpanch and members of the Gram Panchayat. Be that as it may, the fact remains that poles came to be erected in the lands in question without obtaining any written permission. Therefore, 5th respondent is bound to shift the poles so as to make the auction purchaser to use the land. In that view of the matter, the application is disposed of directing the 5th respondent to shift the poles that are erected in the lands purchased by the petitioner in the auction conducted by the Official Liquidator within 12 weeks. _____________________ B.SESHASAYANA REDDY, J Dt.22nd June, 2011 PNV