Orissa High Court
Arabinda Kumar Sahoo vs State Of Odisha And Others .... Opp. ... on 13 February, 2024
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 15-Feb-2024 17:40:57
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.39584 OF 2023
Arabinda Kumar Sahoo .... Petitioner
Mr. Tuna Sahu, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 13.02.2024
02. 1. This matter is taken up through hybrid mode.
2. Petitioner, being aggrieved by the inaction of the Sub- Registrar, Cuttack-Opposite Party No.4 in making an entry of the sale certificate issued under the SARFAESI Act, 2002 in Book No.1 has filed this writ petition.
3. Mr. Sahu, learned counsel for the Petitioner submits that the Petitioner is the auction purchaser conducted by Indian Overseas Bank under the provisions of SARFAESI Act, 2002. A sale certificate dated 17th July, 2023 was issued in favour of the Petitioner after completion of all formalities. Although, the sale certificate was presented before the District Sub-Registrar, Cuttack by the Authorized Officer, Indian Overseas Bank on 17th July, 2023 (Annexure-3) to do the needful, but without entering the document in Book No.1, the District Sub-Registrar, Cuttack-Opposite Party No.1 intimated the Authorized Officer vide his Letter No.1896 (2) dated 5th October, 2023 (Annexure-1) that a clarification has been sought for from the Inspector General of Registration, Odisha, Cuttack dated 12th July, 2023. It is also stated therein that till Page 1 of 3 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK // 2 // Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Feb-2024 17:40:57 receipt of the clarification, no action can be taken for registration/filing/refusal of the deed.
4. Mr. Sahu, learned counsel for the Petitioner relied upon the Letter No.45316 dated 28th December, 2023 issued by the Department of Revenue and Disaster Management, Government of Odisha stating as under:
"I am directed to invite a reference to this Department letter No. 32814/R&DM., dated 24.10.2016 where in it was clarified that sale certificate issued in favour of auction purchaser by the authorized Officer-cum- Chief Manager under SARFAESI Act requires compulsory registration with payment of stamp duty and registration fees for effecting changes in revenue records as he is neither a Civil nor a Revenue officer.
2. In the case of Esjaypee Impex Pvt. Ltd vrs. -The Assistant General Manager and the Authorised officer Canara Bank (2021) 11SCC, 357, the Hon'ble Supreme Court has upheld that sale certificate issued in favour of the appellant does not require any registration in view of section 17(2) (xii) of the Registration Act, 1908 as the same has been granted pursuant to the sale held in public auction by the authorized officer under the provision of SARFAESI Act. Further, the authorized officer under SARFAESI Act is to hand over the duly validated sale certificate to the auction purchaser with a copy to the registering authorities to file in Book-1 as per section 89 (4) of the Registration Act, 1908.
3. The Hob'ble High Court in WP (C) 9307 of 2022- Sebati Tudu vrs. Authorised Officer, Indian Overseas Bank, Bhubaneswar and in WP (C) 13376 of 2023- M/s Padmaprabhu Commodity Trading Private Limited vrs. State and others has passed orders in the aforesaid ratio.
4. The Law Department has been consulted in the matter. The Law Department has advised that the Registering authority is to make necessary entries in Book-1 on production of sale certificate issued by the authorurised officer without registration and payment of stamp duty and registration fees thereof.
This supersedes this Department letter No. letter No. 32814/R&DM dated 24.10.2016 and letter No. 29204/R&DM dated 04.09.2017."
5. He, therefore, submits that in view of letter dated 28th December, 2023, there is no legal impediment to make an entry of Page 2 of 3 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK // 3 // Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Feb-2024 17:40:57 the sale certificate submitted by the Authorized Officer under Annexure-3 in Book No.1.
6. Mr. Mishra, learned Additional Standing Counsel submits that in view of the Letter No.45316 dated 28th December, 2023 of Revenue and Disaster management Department, Government of Odisha, the matter requires fresh consideration by the Sub- Registrar, Cuttack-Opposite Party No.4.
7. Accordingly, this Court, without expressing any opinion on the merits of case of either of the parties, disposes of the writ petition with a direction that the Sub-Registrar, Cuttack-Opposite Party No.4 shall do well to consider the entry of the sale certificate presented before it under Annexure-3 in Book No.1 in terms of Letter No. 45316 dated 28th December, 2023 as expeditiously as possible preferably within a period of three weeks from the date of production of certified copy of this order and communicate the result thereof to the Petitioner forthwith.
8. As requested, a copy of this order be made over to Mr. Mishra, learned Additional Standing Counsel, for communication and compliance.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Rojalin Judge
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