Heard Sri Pranjal Mehrotra, learned counsel for the official liquidator, Sri Nimai Das, learned standing counsel appearing for District Magistrate, Raebareilly and Sri Pradeep Kumar, learned counsel appearing for Nagar Palika Parishad, Raebareilly.
Affidavit of Mohd. Iliyad, Chairman, Nagar Palika Parishad, Raebareilly dated 20.8.2014 has been filed.
Counsel for official liquidator prays for and is granted six weeks' time to submit report with regard to the said affidavit.
Sri Pradeep Kumar points out that although on certain portion of land in question the Nagar Palika Parishad had done brick work but some portion is in unauthorised possession of certain individuals. The Nagar Palika Parishad is ready to vacate the portion of the land which is in its possession in the nature of brick work.
Counsel for the official liquidator submits that an application under section 41 of UP Land Revenue Act, 1901 (for short 'the Act') for demarcation of land in question was submitted on 28.1.2013 before the Sub Divisional Magistrate, Sadar, Raebareilly, but no order has been passed and no action has been taken.
It is relevant to note that on 13.2.2013, this court noticed the OL Report JUDL /37 of 2013 that an application under section 41 of the Act has been filed by the official liquidator before the competent authority for demarcation of land in question belonging to company in liquidation.
After considering the report, this Court directed as under:
"Official Liquidator may pursue the above application before the competent authority so as to get it decided expeditiously. In this connection, he may take the help of the Collector concerned and there is no hesitation for this Court to say that the Collector on being so approached would do all that is necessary to ensure speedy disposal of the above application."
It is stated by the counsel for official liquidator that the aforesaid application is still pending before the Sub Divisional Magistrate, Sadar, Raebareilly and nothing has been done so far. Under the circumstances, the official liquidator is directed to pursue the aforesaid application before the SDM, Sadar, Raebareilly who is directed to ensure disposal of the said application and to take consequential action in accordance with law within six weeks from the date of production of certified copy of this order before him/her by the official liquidator. The official liquidator shall submit report in this respect also on the next date of listing.
List this matter on 8.10.2014.
Order Date :- 20.8.2014 SKS