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TMI Blog2021 (9) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... r listing of the property of the petitioner situated in Sy. No. 394 of Raikul Village and Sy. Nos. 49/E and 50/E of Annaram Village of Farooqnagar Mandal, Mahaboobnagar in the prohibitory list under Section 22(A) of the Registration Act, 1908 as being illegal and in violation of Articles 14 and 21 of the Constitution of India and to consequently declare proceedings Rc. No. MUBD/OA/B3/1/14-15 dated 10.11.2014 and Rc. No. D5/1/2013 dated 18.03.2015 issued by the 2nd respondent as being null and void. 3. The petitioner company was involved in the business of manufacturing iron and steel products. As petitioner was unable to service its debts in 2017, a petition was filed bearing CP(IB) No. 499/7/HDB/2018 before the National Company Law Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue Recovery Act, 1864 for recovery of certain taxes which fell due prior to the initiation of CIRP in respect of the petitioner. 9. The 2nd respondent addressed letter dt. 10.11.2014 requesting the 3rd respondent not to allow any registration in the said properties. He also addressed another letter dt. 18.03.2015 to the 4th respondent on similar lines. 10. The petitioner addressed letter dated 03.06.2020 informing the 4th respondent about the order of NCLT approving the resolution plan and that M/s. Amarsons Pearls and Jewels had taken over the management of the petitioner and requested the SRO, Shadnagar, Ranga Reddy District to remove the property from the prohibited list. It was contended by the petitioner that respondent Nos. 2, 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h were not part of the resolution plan, shall stand extinguished. 12. Learned Government Pleader for Commercial Tax appearing for the 2nd respondent, however, contended that in the order passed by the NCLT on 06.12.2019 at paragraph 28 it was stated that the resolution plan approved shall not constitute any waiver of any statutory obligations/liabilities arising out of the approved resolution plan and same shall be dealt in accordance with the appropriate authorities as per relevant laws. He therefore contended that the liabilities due to the 2nd respondent have not been waived. 13. He does not, however, dispute that there has been an amendment to the IBC by Act 26 of 2019 with effect from 16.08.2019, where Section 31(1) was amended speci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and steel; that there was a factory located in the said property and Exs. P12 to P16 show the existence of the same. Thus the land ceased to be agricultural land long before the introduction of A.P. Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006. The Revenue department cannot be blind to the existence of the factory in the subject property and if it had failed to amend its revenue records suitably, it cannot put blame on the petitioner for the same. 17. Accordingly, the Writ Petition is allowed and the request of the 2nd respondent for listing of the property of the petitioner situated in Sy. No. 394 of Raikul Village and Sy. Nos. 49/E and 50/E of Annaram Village of Farooqnagar Mandal, Mahaboobnagar in the prohibi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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