Patherya, J. - (1.) THIS is an application filed by the applicant -purchaser for a direction upon the official liquidator to forthwith register and convey 4.680 acres in favour of the applicant. Case of the petitioner/purchaser:
(2.) THE case of the purchaser is that by order dated March 20, 1999, 4.680 acres of land belonging to the company (in liquidation) at Amdanga was sold to the applicant and although possession has been given no step has been taken by the official liquidator to execute conveyance in favour of the applicant. Accordingly, an application was filed in 2000 for a direction upon the official liquidator to execute conveyance in favour of the applicant. By order dated May 17, 2000, the respondent was directed to issue notice in the newspapers inviting persons interested in the said land to claim title therein failing which the official liquidator was directed to take all necessary steps to execute conveyance in favour of the applicant. Pursuant to such publication none appeared to claim title in respect of 4.680 acres of land and therefore the applicant became entitled to execution of the conveyance. Thereafter, the second highest bidder filed an application for setting aside the sale and the same was heard and disposed of by order dated March 22, 2002. The said order has directed the official liquidator to convey the property to the applicant as from the evidence and material -on -record the entire property comprising of 4.680 acres of land was put up for sale. From the said order an appeal though filed was dismissed by an order dated February 18, 2003. No special leave petition has been filed and therefore the order has been accepted and acted upon. In spite of reminders, the last of such reminder being sent on November 23, 2007 and receipt thereof by the official liquidator, no step has been taken to execute the deed of conveyance.
(3.) THE grounds for non -execution of the deed of conveyance, in spite of orders passed, is non -existent and the plea taken by the official liquidator that the said lands and lands of A.S. Rototech Ltd., and the company (in liquidation) was bounded by one boundary wall, cannot be accepted. Therefore, directions sought for, be given. Case of the official liquidator: Counsel for the official liquidator submits that the applicant is only entitled to an area of 3.16 acres as will be evident from the sale notice issued by the official liquidator. As the applicant is seeking execution in respect of 4.680 acres of land and the only area that can be given is 3.16 acres, the deed of conveyance cannot be executed.;