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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
K.BALAKRISHNA – Appellant
Versus
Official Liquidator – Respondent
| Table of Content |
|---|
| 1. petitioner seeks transfer of land from official liquidator. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioner claims possession but is deemed an illegal encroacher. (Para 9 , 10 , 11) |
| 3. court confirms auction process and rights of the highest bidder. (Para 12 , 13 , 14) |
| 4. petitioner offers to negotiate but lacks legal standing. (Para 15 , 16 , 18 , 19) |
| 5. court emphasizes auction as the primary method of sale. (Para 20 , 21 , 22) |
| 6. application dismissed; petitioner must vacate land. (Para 24) |
ORDER :
K. LAKSHMAN, J.
Heard Mr. Alladi Ravinder, learned Senior Counsel representing Sri Bandar Srikanth, learned counsel for the petitioner, Sri J.Srinadh Reddy, learned counsel appearing for Official Liquidator and Sri D.Narender Naik, learned counsel appearing for 2nd respondent.
2. This application is filed under Section 457 (1) (c) of the Companies Act, 1956, to direct the Official Liquidator to take necessary steps to transfer the lands admeasuring Ac.0.34 cents in Sy.No.91P, Ac.0.94 Cents in Sy.No.92P, Ac.7.00 Cents in Sy.No.100P, Ac.0.50 Cents, Ac.2.70 Cents in Sy.No.98P (total extent of Ac.11.58 Cents) situated at Kosini Village Sivar of Kaghaznagar Mandal, Komaram Bheem A
The court ruled that an illegal encroacher cannot demand a registered sale deed for property belonging to a company in liquidation, emphasizing the necessity of public auction for asset sales under S....
The market value set forth in a conveyance derived from a court auction is to be presumed correct and not subject to further questioning by registering authorities.
The court clarified that an involuntary sale by the Official Liquidator does not violate lease restrictions requiring consent for voluntary sales.
A highest bidder in public auction cannot have a right to get the property or any privilege, unless the authority confirms the auction sale, being fully satisfied that the property has fetched the ap....
Court clarified that post-liquidation, property possession must be secured legally; unauthorized dispossession is not permitted, aligning with principles of due process.
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