THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY COMPANY APPLICATION Nos.375 of 2005 and 626 of 2010 IN COMPANY APPLICATION No.2331 of 2004 IN R.C.C.No.22 of 2000 Dated: 09.09.2014 COMPANY APPLICATION No.375 of 2005 Between: M/s. Mallika Constructions (Vishnu Apartments), Rep. by its Managing Partner M. Subramanyam and another. .. Applicants and The Official Liquidator, M/s. Tungabhadra Industries Ltd. (in liquidation), High Court of A.P., Hyderabad. .. Respondent Counsel for the applicants: - None appeared- Counsel for the respondent: Mr. M. Anil Kumar COMPANY APPLICATION No.626 of 2010 Between: State Bank of India, Kurnool Branch, Kurnool. .. Applicant and M/s. Tungabhadra Industries Ltd. (in liquidation), Rep. by Official Liquidator, High Court of A.P., Hyderabad, and others. .. Respondents Counsel for the applicant: Mr. M. Narender Reddy, Senior Counsel Counsel for respondent No.1: Mr. M. Anil Kumar The Court made the following: COMMON ORDER: M/s. Mallika Constructions (Vishnu Apartments) and M/s. Gayatri Estates, both are of Kurnool, filed Company Application No.375 of 2005 for an order restraining the Official Liquidator from claiming possession of the lands sold by M/s. Tungabhadra Industries Limited to them under different registered sale deeds. Company Application No.626 of 2010 has been filed by the State Bank of India, Kurnool Branch, for appointing a surveyor to survey the lands covered by the sale deeds of the applicants in Company Application No.375 of 2005 and to direct Mr. R.G. Somani S/o. Hajarimalji Somani to furnish the particulars of lands conveyed by him from the permitted sales of the bank during the year 1989 and also the particulars of lands permitted for sale in the order dated 22.01.1997 in BFR Case No.1/1996. While dealing with Company Application Nos.151 and 626 of 2010, this Court, by order dated 18.08.2010, has ordered survey of lands covered by six documents (sale deeds and supplemental deed) through the Revenue Department after issuing prior notice to all the concerned. The survey report was accordingly submitted by the Tahsildar to the District Collector, vide Rc.B.45/2010 dated 07.10.2010. The said report has been placed before this Court on the file of Company Application No.151 of 2010. As per the said report, the Tahsildar reported as under: “The respondent Nos.4 and 5 have submitted the Xerox copies of sale deed document Nos.5774/91, supplemental deed document No.3694/93, sale deed Doc.No.7698/98, sale deed Doc.No.7685/98, sale deed Doc.No.7723/98 and sale deed Doc.No.7938/98 as directed by the Honourable High Court of A.P. All the lands covered by the sale deed documents pertaining to Kallur Village, Kallur Mandal, in Kurnool District, and the details are as follows: Sl. No Sale deed Document No. and date Extent of land covered Survey Numbers covered Name of the Seller Name of the Buyer 1 Doc.No.5774/91. dt:9-12-1991 and suppl. Doc. No.3694/93, dt:30-6-1993 9.64 Acres 755/A1, 755/A2A, 753/A1, 753/B1-1, 753/B12A, 755/B1A, 755/B2, 746/B1B, 747/1A3 and 747/2B M/s.Tungabhadra Industries Limited, Kurnool represented by Sri R.G. Somani S/o. Sri Hajarimal Somani M/s. Gayatri Estates, Kurnool represented by Sri S.Venkata Ramaiah, S/o S.Venkata Subbaiah. 2 Doc.No.7698/98, dt: 20-11-1998. 6680 Square Feet or 15.34 Cents. 560/2A &2B M/s.Tungabhadra Industries Limited, Kurnool represented by Sri R.G. Somani S/o. Sri Hajarimal Somani M/s. Mallika Constructions, Kurnool represented by Sri N. Subrahmayam, S/o Sri N. Sanjeeva Rayudu 3 Doc. No.7685/98 dt:20-11-1998 6930 Square Feet or 15.91 Cents 560/2A& 2B M/s.Tungabhadra Industries Limited, Kurnool represented by Sri R.G. Somani S/o. Sri Hajarimal Somani M/s. Mallika Constructions, Kurnool represented by Sri N. Subrahmayam, S/o Sri N. Sanjeeva Rayudu 4. Doc.No.7723/98, dt:20-11-1998. 6840 Square Feet or 15.70 Cents 560/2A& 2B M/s.Tungabhadra Industries Limited, Kurnool represented by Sri R.G. Somani S/o. Sri Hajarimal Somani M/s. Mallika Constructions, Kurnool represented by Sri N. Subrahmayam, S/o Sri N. Sanjeeva Rayudu 5. Doc.No.7938/98, dt: 20-11-1998. 2838.75 Square Feet or 6.52 Cents 560/2A& 2B M/s.Tungabhadra Industries Limited, Kurnool represented by Sri R.G. Somani S/o. Sri Hajarimal Somani M/s. Mallika Constructions, Kurnool represented by Sri N. Subrahmayam, S/o Sri N. Sanjeeva Rayudu 1. The land covered by the sale deed doc.No.5774/91 and supplemental sale deed doc.No.3694/93 to an extent of 9.64 Acres was measured on ground and found that: a) At present the complete area of the land is covered by commercial and residential buildings by named “Gayatri Estates”, and remains in the same S.Nos. as mentioned in the sale deeds. b) During the course of Survey, Sri S.Suresh Babu, S/o. S. Venkataramaiah, representative of M/s. Gayatri Estates, Kurnool submitted a representation (copy enclosed) stating that at the time of purchase, there was an existing 33’ wide road on the Eastern side of the 9.64 Acres of land running from North to South which was used by M/s Tungabhadra Industries Limited from their Effluent plant to their Staff Quarters. Further he stated that a 33’ wide road and 40’ wide road running from East to West were shown as approach roads to the land measuring 9.64 Acres. c) The entire land covered by Gayatri Estates (sale deed doc.No.5774/91) was measured and found the extent as follows: i. Total area of land vide approved L.P.No.83/93, shown as ABMNO in the enclosed sketch : 8.88 Ac. ii. Remaining area of land other than approved L.P., shown as “BCDHRQ” in the enclosed sketch : 0.59 Ac. iii. Road portion shown as HDEFGIJKLPMQR in The enclosed sketch : 0.65 Ac. _______ Total : 10.12 Ac. 2. The land covered by the sale deed doc. No. 7698/98, sale deed Doc. No. 7685/98, sale deed Doc. No. 7723/98 and sale deed Doc. No. 7938/98 was measured on ground and found that: a) At present the entire land of the above mentioned 4 sale deeds totaling an extent of 23288.75 Square Feet or 53.46 Cents was compactly covered by a G+5 building namely “Vishnu Apartment”. b) The entire land of the above mentioned 4 sale deeds was measured and found that the entire extent is in S.No.560/2A and measurements shown in the sale deeds slightly differs on ground but the extent remains same, i.e., 23288.75 Square Feet or 53.46 Cents, as shown in the enclosed sketch.” The Deputy Official Liquidator has filed his report in Company Application No.151 of 2010, wherein also he has given the details of the lands covered by various sale deeds, in line with the report of the Tahsildar. From these reports, it is evident that the lands in respect of which the applicants in Company Application No.375 of 2005 have claimed relief admeasure Ac.9-47 cents under different sale deeds purchased by them and an extent of 0-65 cents is occupied by road portion. In other words, out of an extent of Ac.10-12 cents in respect of which sale deeds have been executed, the applicants in Company Application No.375 of 2005 are in occupation of Ac.9-47 cents and the balance land of 0-65 cents is covered by roads. Mr. M. Anil Kumar, learned counsel for the Official Liquidator, and Mr. M. Narender Reddy, learned Senior Counsel appearing for the State Bank of India, have submitted that they have no objection for the applicants in Company Application No.375 of 2005 to exercise their rights of ownership and possession over the extent of Ac.9-47 cents of land covered by the five sale deeds referred to in the report of the Tahsildar. Placing on record the above submissions of the learned counsel, both these applications stand disposed of. _________________________ C.V. NAGARJUNA REDDY, J 9th September, 2014 IBL